| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 05 (Sep) |
| Court: | Employment Appeal Tribunal |
| Judge: | Underhill J |
| Representation | Christopher Bryden (instructed by Shoosmiths Solicitors) for the employee. |
| Andrew Short (instructed by Shakespeare Putsman LLP) for the employer. | |
| Judgment Dates: | 13 January 2010 |
Catchwords
Pleading - Striking out - Review hearing - Employee bringing complaint before employment tribunal alleging disability discrimination - Employer denying employee disabled - Employee having difficulty obtaining expert report - Employee granted extension of time to obtain report - Employee overlooking requirement to serve witness statement - Claim automatically struck out - Judge refusing application for review - Whether judge erring.
The Case
Pleading Striking out. The Employment Appeal Tribunal, held that the employment tribunal should have conducted a review hearing and granted the employee relief from the effect of striking out in the circumstances of the case.
Practice Areas
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