Source: All England Reporter
Publisher Citation: [2002] All ER (D) 58 (Jan)
Court: Employment Appeal Tribunal
Judge:

Maurice Kay J, Lord Gladwin of Clee and Mrs R Chapman

Judgment Dates: 16 January 2002

Catchwords

Employment - Costs - Order for costs - Tribunal finding appellant's action having no reasonable prospect of success - Tribunal ordering appellant to pay deposit to continue proceedings - Appellant's claim struck out for non payment of deposit - Appellant appealing decision - Appellant submitting that deposit decision was susceptible to review on the application of a party - Whether tribunal erring - Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993, rr 7, 16.

The Case

The Employment Appeal Tribunal held that, inter alia, r16 of the Schedule to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 was not a gateway to 'directions on any matter arising in connection with' proceedings which had long since been the subject of a lawful strike out order. Accordingly, the appeal against the order to pay the 100 deposit and the subsequent striking out for non compliance would be dismissed.

Practice Areas

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