EAT PRACTICE AND PROCEDURE – Striking-out/dismissal / Review
Review of strike-out decision. Employment Tribunal misunderstanding of agreed fact on material to exercise of discretion. EAT allowed appeal and exercised s35(1) Employment Tribunals Act 1996 powers. Application of CPR 3.9(1) factors, so far as material. Strike-out set aside. Remitted to Employment Tribunal for substantive determination.
peter Clark J
[2009] UKEAT 0047 – 09 – 1203
Bailii
Employment Tribunals Act 1996 35(1)
England and Wales
Citing:
Cited – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Cited – Abegaze v Shrewsbury College of Arts and Technology CA 20-Feb-2009
In 2000 the claimant succeeded in his claim for discrimination, but had not pursued his remedy. He now appealed against a refusal to allow him to take it further. He had initially failed to pursue the matter for ill health. He later refused to . .
Cited – Hansom and others v E Rex Makin and Wright CA 18-Dec-2003
The court considered a strike out application.
Held: Although there might be many cases where the possibility or otherwise of a fair trial is highly important to the exercise of discretion under CPR 3.9. it does not follow that where a fair . .
Cited – Neary v St Albans Girls’ School and Another EAT 9-Jan-2009
EAT PRACTICE AND PROCEDURE: Striking-out/dismissal / Review
Non-compliance with unless order. Automatic strike-out under ET Rule13(2). Additional strike-out order under Rule 18(7)(e) a nullity. Whether . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 20 December 2021; Ref: scu.342105
