Phipps v Priory Education Services Ltd [2023] EWCA Civ 652 (09 June 2023)

Phipps v Priory Education Services Ltd [2023] EWCA Civ 652 (09 June 2023)

The Employment Tribunal erred in law by failing to properly weigh the injustice to the claimant, who was blameless and denied a fair opportunity to present her case due to her representative's misconduct, against the interests of finality and the respondent. The refusal to reconsider the strike out was not...

Source-derived case information.

Citation
[2023] EWCA Civ 652
Parties
Claimant/appellant: Mrs Lynn Phipps; Defendant/respondent: Priory Education Services Ltd
Jurisdiction
England and Wales
Judgment Date
09 June 2023
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Strike Out of Claim, Reconsideration of Tribunal Decisions, Representative Misconduct, Finality of Litigation, Alternative Remedy Against Representative
Employment Law Civil Procedure Strike Out of Claim Reconsideration of Tribunal Decisions Representative Misconduct Finality of Litigation Alternative Remedy Against Representative

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Summary, issues, holding and outcome

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Parties

Mrs Lynn Phipps

Claimant/appellant

Priory Education Services Ltd

Defendant/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether failings of a party's representative can justify reconsideration of a strike out order
  2. 2 Whether the Employment Tribunal erred in refusing reconsideration where the claimant was not at fault
  3. 3 Whether the interests of justice required the claim to be reinstated

Ratio Decidendi

The Employment Tribunal erred in law by failing to properly weigh the injustice to the claimant, who was blameless and denied a fair opportunity to present her case due to her representative's misconduct, against the interests of finality and the respondent. The refusal to reconsider the strike out was not Meek-compliant and was perverse. The only just outcome was to grant reconsideration and reinstate the claim.

Court Disposition

Appeal allowed

Orders

  • Strike out order of 4 January 2019 revoked
  • Decision of 3 July 2019 confirming strike out revoked