| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 36 (Apr) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge Pugsley, Lord Davies of Coity and Mr B Warman |
| Representation | Olu Ogunnowo of Chiltons, Enfield for the employee. |
| Lydia Seymour (instructed by Pictons, St Albans) for the employer. | |
| Judgment Dates: | 7 December 2001 |
Catchwords
Employment tribunal - Striking out - Abuse of process - Complaint struck out for want of prosecution - Employee's representative notifying tribunal of inability to attend hearing due to illness - Tribunal not receiving confirmation of illness - Tribunal striking out complaint - Whether tribunal correct to strike out complaint.
The Case
Where any responsible person informed an employment tribunal that they were incapacitated through illness, that explanation should not be rejected without clear and cogent reasons.
Practice Areas
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