EAT Practice and Procedure – Appearance/Response; 2002 Act and Pre-action Requirements; Chairman alone
CPR part 2.8 provides a clear illustration of the rule on counting the 28 days which must elapse between a grievance and a claim. The earliest date following a grievance on a Monday is the Tuesday, four weeks later, leaving 28 clear days when neither a grievance nor a claim is made.
A Chairman may sit alone on an unfair dismissal claim when it is ‘not resisted’ and this includes when a Respondent is ordered to play no part in the proceedings because it did not submit a response. Even if the putative Respondent seeks to defend the case, it is not allowed to resist and the Chairman may sit alone.
Judges:
His Honour Judge McMullen QC
Citations:
UKEAT/0375/06 and UKEAT/0376/06
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 August 2022; Ref: scu.258098
