EAT PRACTICE AND PROCEDURE – Withdrawal
PRACTICE AND PROCEDURE – Review
In 2011 the Claimant withdrew his claim before the Employment Tribunal. As was required by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, within the time limit for doing so the Respondents applied for the claim to be dismissed. After a further request the Employment Tribunal dismissed the claim on 13 October 2014. 111 days after the claim was dismissed the Claimant applied for a revocation of the dismissal of his claim, without an application for an extension of time and without the Claimant (in breach of Rule 71 2013 ET Rules) or the Employment Tribunal (in breach of Rule 72(1)) notifying the Second Respondent of the application. In breach of Rule 72(2) the Respondents were not given an opportunity to make representations in response to the application. The Employment Judge erred in law in revoking the dismissal of the claim notwithstanding that the application was out of time and that the ET Rules had not been complied with. Further the Employment Judge erred in revoking the dismissal of the claim on the basis that when she dismissed the claim she had not been notified that the Claimant had objected when she had been so informed. Appeal allowed. Revocation of the dismissal of the claim set aside. Further, the Employment Judge erred in refusing to reconsider her revocation Order.
Slade DBE J
[2016] UKEAT 0212 – 15 – 2602
Bailii
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
England and Wales
Employment
Updated: 12 January 2022; Ref: scu.560985
