Lynn Phipps v Priory Education Services Ltd

Lynn Phipps v Priory Education Services Ltd

The Employment Tribunal’s refusal to reconsider the strike-out was legally perverse because the claimant was not implicated in her representative’s misconduct, had no fair opportunity to present her case, and the alternative remedy was fanciful; the interests of justice required reconsideration.

Parties
Claimant/appellant: Mrs Lynn Phipps; Defendant/respondent: Priory Education Services Ltd
Jurisdiction
England and Wales
Judgment Date
11 September 2024
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
Employment Law Civil Procedure Strike Out of Claim Reconsideration of Tribunal Decisions Representative Misconduct Finality of Litigation

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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 justify reconsideration of a strike-out order
  2. 2 Whether the Employment Tribunal erred in refusing reconsideration despite claimant's lack of knowledge or involvement in representative's misconduct
  3. 3 Whether the alternative remedy against the representative is a sufficient reason to deny reconsideration

Ratio Decidendi

The Employment Tribunal’s refusal to reconsider the strike-out was legally perverse because the claimant was not implicated in her representative’s misconduct, had no fair opportunity to present her case, and the alternative remedy was fanciful; the interests of justice required reconsideration.

Court Disposition

Appeal allowed

Orders

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