D Chumbu v The Disabilities Trust

D Chumbu v The Disabilities Trust

The ET did not err in refusing to grant relief from sanction for failure to serve a witness statement, as its reasoning demonstrated it had the interests of justice in mind and its conclusions were not perverse. However, the ET erred in making a costs award the subject of an unless order, as this was unjust and failed to consider the claimant’s changed circumstances. Despite this error, the refusal to grant relief from sanction was upheld because the failure to serve the witness statement was sufficient to justify dismissal.

Parties
Appellant: Mr D Chumbu; Respondent: The Disabilities Trust
Jurisdiction
England and Wales
Judgment Date
07 September 2024
Procedural Posture
Employment Appeal / Judgment on Appeal Against Refusal to Grant Relief From Sanction Following Dismissal for Non Compliance With Unless Order
Outcome
Appeal dismissed
Legal Topics
Unless Orders, Relief From Sanction, Costs Orders, Deposit Orders, Case Management, Access to Justice
Employment Law Civil Procedure Unless Orders Relief From Sanction Costs Orders Deposit Orders Case Management Access to Justice

Case Brief

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Parties

Mr D Chumbu

Appellant

The Disabilities Trust

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Refusal to Grant Relief From Sanction Following Dismissal for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to grant relief from sanction following dismissal for non-compliance with an unless order
  2. 2 Whether it was appropriate to make a costs award the subject of an unless order
  3. 3 Whether the ET applied the correct legal test (interests of justice) in refusing relief from sanction

Ratio Decidendi

The ET did not err in refusing to grant relief from sanction for failure to serve a witness statement, as its reasoning demonstrated it had the interests of justice in mind and its conclusions were not perverse. However, the ET erred in making a costs award the subject of an unless order, as this was unjust and failed to consider the claimant’s changed circumstances. Despite this error, the refusal to grant relief from sanction was upheld because the failure to serve the witness statement was sufficient to justify dismissal.

Court Disposition

Appeal dismissed