Source: All England Reporter
Publisher Citation: [2003] All ER (D) 156 (Jul)
Court: Employment Appeal Tribunal
Judge:

Recorder Bowers QC, Mrs C Baelz and Mr P Dawson

Judgment Dates: 31 January 2003

Catchwords

Practice and procedure - Striking out - Originating application - Correct approach - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 () Sch 1, r 15.

The Case

When considering r15 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 () the employment tribunal had to adopt a two-stage approach; firstly, to decide whether the application was misconceived and secondly, if the answer to that question was yes, to decide whether as a matter of discretion to order the application be struck out, amended or, if there was an application for one, that a pre-hearing deposit be given.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.