Voralia (T/A RTS Textiles Recyclers) v Osowski (Practice and Procedure : Striking-Out/Dismissal): EAT 28 Jun 2013

EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
The Employment Tribunal did not err in exercising their discretion to strike out an ET3 in circumstances in which on the evidence before them they could conclude that the failure to comply with an order to disclose documents was deliberate and persistent. The sanction of striking out the ET3 Response was within the discretion of the ET it was not disproportionate. Blockbuster Entertainment Ltd v James [2006] IRLR 630 considered.

Slade J
[2013] UKEAT 0500 – 12 – 2806
Bailii
England and Wales

Employment

Updated: 22 November 2021; Ref: scu.516736