Source: All England Reporter
Publisher Citation: [2001] All ER (D) 429 (Dec)
Court: Employment Appeal Tribunal
Judge:

Judge Peter Clark, Mr J R Crosby and Mr R Sanderson

Representation Karon Monaghan (instructed by Liberty) for the complainant.
  Michael Ford (instructed by Thompsons) for the respondent.
Judgment Dates: 20 December 2001

Catchwords

Employment - Appeal - Procedure - Employment tribunal striking out complainant's originating application on the basis that it had no real prospect of success - Whether procedural flaw - Whether tribunal in error - Employment Appeal Tribunal Rules 1993, rr 1(3), 13(2)(d), 13(3).

The Case

On the facts of the instant case, the procedure followed by the employment tribunal in striking out the complainant's originating application on the basis that it had no reasonable prospect of success had been flawed and the matter would be remitted for reconsideration.

Practice Areas

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