Source: All England Reporter
Publisher Citation: [2002] All ER (D) 85 (Sep)
Court: Employment Appeal Tribunal
Judge:

Recorder Elizabeth Slade QC, Mr B Gibbs and Ms H Pitcher

Judgment Dates: 17 September 2002

Catchwords

Employment tribunal - Practice - Discretion - Employee issuing proceedings for unfair dismissal - Employment tribunal considering of its own motion whether employer having case to answer - Employment tribunal exercising discretion and dismissing employee's claim without hearing evidence from employer - Whether tribunal in error.

The Case

Although employment tribunals had conferred on them a wide discretion of the conduct of proceedings and, in an appropriate case, it would not be an error of law for an employment tribunal to consider of its own motion whether an employer had a case to answer, that discretion should be exercised with caution and reserved for exceptional cases.

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