EAT Practice and Procedure : Striking-Out or Dismissal – Unless Order. Tribunal erred in failing to appreciate that their ‘Unless Order’ was a conditional judgment – it had no discretion to do other than confirm dismissal of the claim in the event of non-compliance by the Claimant. Further, in the circumstances, it was not open to the Tribunal to do other than conclude that there had been no compliance. Appeal upheld and claim dismissed.
Lady Smith
[2012] UKEAT 0038 – 12 – 1710
Bailii
Scotland
Employment
Updated: 09 November 2021; Ref: scu.465823