||All England Reporter
|| All ER (D) 143 (Dec)
||Employment Appeal Tribunal
||James Holmes-Milner (instructed by Skelly & Corsellis Solicitors) for the employer.
||The employee did not appear and was not represented.
||10 November 2005
Employment tribunal - Procedure - Decision - Employment tribunal deciding not to accept employer's response out of time - Tribunal refusing to review decision - Whether tribunal failing to consider relevant matters - Correctness of tribunal's approach.
In confirming its decision not to accept the employer's response to the employee's claim out of time, an employment tribunal had left out of account in several respects the employer's prospects of success on the merits, and therefore it had not performed the relevant exercise of discretion. Accordingly, the employer's appeal would be allowed.
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