K Dykes v Whitbread Group PLC

K Dykes v Whitbread Group PLC

The Unless Order was limited to documents within the Appellant's possession at the material time; there was no evidence of non-compliance as the Appellant did not possess the documents and had requested them from third parties. The Employment Judge erred by construing the Order expansively and dismissing the claims.

Parties
Appellant: Miss K Dykes; Respondent: Whitbread Group PLC
Jurisdiction
England and Wales
Judgment Date
18 January 2022
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Practice and Procedure, Unless Order, Disclosure of Documents, Disability Discrimination, Unfair Dismissal, Sex Discrimination
Employment Law Practice and Procedure Unless Order Disclosure of Documents Disability Discrimination Unfair Dismissal Sex Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Miss K Dykes

Appellant

Whitbread Group PLC

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Appellant failed to comply with the Unless Order regarding production of documents within her possession
  2. 2 Whether the Employment Judge erred in dismissing the claims for non-compliance with the Unless Order

Ratio Decidendi

The Unless Order was limited to documents within the Appellant's possession at the material time; there was no evidence of non-compliance as the Appellant did not possess the documents and had requested them from third parties. The Employment Judge erred by construing the Order expansively and dismissing the claims.

Court Disposition

Appeal allowed

Orders

  • Judgment of 24 January 2019 set aside
  • Appellant's claims remitted to the Employment Tribunal for further procedure