Source: All England Reporter
Publisher Citation: [2005] All ER (D) 143 (Dec)
Court: Employment Appeal Tribunal

Judge Richardson

Representation James Holmes-Milner (instructed by Skelly & Corsellis Solicitors) for the employer.
  The employee did not appear and was not represented.
Judgment Dates: 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.

The Case

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.

Practice Areas

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