Bauhaus Educational Services Limited v Oluwaseyi Elemide

Bauhaus Educational Services Limited v Oluwaseyi Elemide

The Unless Order was clear and required service of the witness statement on the Respondent's representative. The Claimant did not do so, and thus did not comply. The Tribunal erred in finding compliance; a Rule 38(1) notice should have been issued confirming dismissal for non-compliance.

Source-derived case information.

Parties
Appellant: Bauhaus Educational Services Limited; Respondent: Mr Oluwaseyi Elemide
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Employment Appeal / Appeal From Tribunal Decision on Unless Order Compliance
Outcome
appeal allowed
Legal Topics
Unless Orders, Strike Out, Witness Statement Service, Relief From Sanction
Employment Law Civil Procedure Unless Orders Strike Out Witness Statement Service Relief From Sanction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bauhaus Educational Services Limited

Appellant

Mr Oluwaseyi Elemide

Respondent

Procedural Posture

Employment Appeal / Appeal From Tribunal Decision on Unless Order Compliance

Legal Issues

  1. 1 Did the Claimant comply with the terms of the Unless Order requiring service of a witness statement on the Respondent's representative?
  2. 2 Should the Tribunal have issued a notice under Rule 38(1) ETR 2013 confirming the claim was dismissed for non-compliance?

Ratio Decidendi

The Unless Order was clear and required service of the witness statement on the Respondent's representative. The Claimant did not do so, and thus did not comply. The Tribunal erred in finding compliance; a Rule 38(1) notice should have been issued confirming dismissal for non-compliance.

Court Disposition

appeal allowed

Orders

  • Declaration that the Tribunal judge erred in finding compliance with the Unless Order.
  • Declaration that the Claimant failed to comply with the Unless Order.