Chambers-Mills v Allied Bakeries

Chambers-Mills v Allied Bakeries

The appeal was dismissed because the appellant persistently failed to comply with tribunal orders to cooperate with a joint medical expert, making a fair hearing impossible. The tribunal was entitled to strike out the claim, and concerns about the unless order and notice were unfounded given the appellant's conduct and the procedural history.

Parties
Appellant: Chambers-Mills; Respondent: Allied Bakeries
Jurisdiction
England and Wales
Judgment Date
21 February 2011
Procedural Posture
Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Strike Out Applications, Compliance With Tribunal Orders, Procedural Fairness
Employment Law Discrimination Law Disability Discrimination Strike Out Applications Compliance With Tribunal Orders Procedural Fairness

Case Brief

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Parties

Chambers-Mills

Appellant

Allied Bakeries

Respondent

Procedural Posture

Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the employment tribunal erred in striking out the appellant's disability discrimination claim for failure to comply with orders and cooperate with a joint medical expert
  2. 2 Whether the appellant had proper notice and opportunity to respond to the strike out application
  3. 3 Whether the tribunal failed to consider the removal of an unless order

Ratio Decidendi

The appeal was dismissed because the appellant persistently failed to comply with tribunal orders to cooperate with a joint medical expert, making a fair hearing impossible. The tribunal was entitled to strike out the claim, and concerns about the unless order and notice were unfounded given the appellant's conduct and the procedural history.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed