||All England Reporter
|| All ER (D) 05 (Sep)
||Employment Appeal Tribunal
||Christopher Bryden (instructed by Shoosmiths Solicitors) for the employee.
||Andrew Short (instructed by Shakespeare Putsman LLP) for the employer.
||13 January 2010
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.
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.
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