Source: All England Reporter
Publisher Citation: [2003] All ER (D) 100 (Jul)
Court: Employment Appeal Tribunal

Burton J, Mr P Dawson and Mrs J Matthias

Representation Helen Evans (instructed by the Free Representation Unit) for the employee.
  Kate Gallafent (instructed by BBC Litigation Department) for the employer.
Judgment Dates: 6 February 2003


Employment - Employment tribunal - Procedure - Striking out - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 (), Sch 1, rr 4(8), 15(2)(c).

The Case

Where there had been both a failure to comply with an order made by the employment tribunal, and the very non-compliance or inability to comply with that order had highlighted the absence of the employee's case, the tribunal had been entitled to strike out the employee's proceedings based on race discrimination and victimisation under r4(8) of Sch1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001.

Practice Areas

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