Source: All England Reporter
Publisher Citation: [2003] All ER (D) 313 (Dec)
Court: Employment Appeal Tribunal
Judge:

Judge Serota QC, Mr M Clancy and Mr B Fitzgerald

Representation Kerry Underwood of Underwoods, Hemel Hempstead, for the applicant.
  Roy Lemon (instructed by Moore & Blatch, Southampton) for the company.
Judgment Dates: 8 September 2003

Catchwords

Employment - Employment tribunal - Procedure - Conduct of proceedings - Employment tribunal striking out applicant's originating application - Proceedings conducted in unreasonable and vexatious manner - Correctness of decision.

The Case

As a general rule it was inappropriate to strike out an originating application where a fair trial was still possible. However where deliberate, wilful or contumelious disobedience was involved or deliberate and malign manipulation of the employment tribunal process, different considerations might apply.

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