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

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


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.

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