||All England Reporter
|| All ER (D) 152 (Sep)
||Employment Appeal Tribunal
Judge Serota QC, Mr J Shrigley and Ms B Switzer
||26 September 2002
Employment tribunal - Striking out - Abuse of process - Complaint of discrimination on grounds of race and sex - Employee failing to comply with directions or supply employer with all documents - Employer applying to strike out complaint on ground employee behaving vexatiously, scandalously or frivolously - Tribunal granting application - Whether tribunal considering if fair trial still possible - Whether correct to strike out complaint of discrimination on grounds of race and sex - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993, r 13(2).
Conduct that would fall within r13(2) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 might take many forms. Clearly in cases whether there was a failure to comply with a case management decision and there had been no contumelious behaviour, the possibility of a fair trial still taking place was likely to be of considerable significance. In cases where there had been a deliberate and contumelious failure to comply with orders of the tribunal, the fact that a fair trial might take place was perhaps less significant. In the instant case, the failures by the employee set out by the employment tribunal had been of such magnitude and significance as far as the fair conduct of the proceedings had been concerned, that the tribunal's decision to strike out the complaint had been well within its discretion.
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