EAT PRACTICE AND PROCEDURE
Striking-out/dismissal
Right to be heard
The ET proposed to strike out the Claimant’s claims and sent a Rule 19(1) letter to that effect. The Claimant asked for an oral hearing. The Employment Judge declined and, after considering written submissions only, struck out the claims.
It was conceded on appeal that the Employment Judge had, under Rule 18(6) and (7) no power to refuse an oral hearing; but the Respondents argued that, in reliance on Bache [2000] ICR 313 CA I should decide that an oral hearing would have achieved nothing because the Employment Judge was unarguably right. Held that the denial of an oral hearing required by the Rules was too fundamental for the Bache approach to be applied even though the Employment Judge’s reasons were very likely to be right. Remitted to a fresh Employment Judge.
Citations:
[2008] UKEAT 0086 – 08 – 0307
Links:
Employment
Updated: 19 July 2022; Ref: scu.276511