Viktor Kiseliov & Ors v Alpha Vehicles Limited

Viktor Kiseliov & Ors v Alpha Vehicles Limited

The Employment Judge's refusal to set aside the dismissal was perverse and plainly wrong because the non-compliance was minor, unintentional, and explained; the relevant information was before the Tribunal; the Respondent was not prejudiced; and the sanction of dismissal was disproportionate. The interests of justice required the claims to be reinstated.

Parties
Appellant: Mr Viktor Kiseliov; Appellant: Erikas Kurtkus; Appellant: Pavel Iljin; Respondent: Alpha Vehicles Limited
Jurisdiction
England and Wales
Judgment Date
23 August 2024
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Relief From Sanctions, Unless Orders, Witness Statements, Procedural Fairness, Interests of Justice
Employment Law Civil Procedure Relief From Sanctions Unless Orders Witness Statements Procedural Fairness Interests of Justice

Case Brief

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Parties

Mr Viktor Kiseliov

Appellant

Erikas Kurtkus

Appellant

Pavel Iljin

Appellant

Alpha Vehicles Limited

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing to set aside the dismissal of the claims and response to counterclaim under Rule 38(2) of the Employment Tribunal Rules of Procedure 2013
  2. 2 Whether the sanction of dismissal was proportionate given the extent of non-compliance
  3. 3 Whether the interests of justice required the claims to be reinstated

Ratio Decidendi

The Employment Judge's refusal to set aside the dismissal was perverse and plainly wrong because the non-compliance was minor, unintentional, and explained; the relevant information was before the Tribunal; the Respondent was not prejudiced; and the sanction of dismissal was disproportionate. The interests of justice required the claims to be reinstated.

Court Disposition

appeal allowed

Orders

  • The dismissal of the claims and response to counterclaim is set aside.
  • The matter is remitted to the Employment Tribunal to be heard by a different Judge as soon as practicable.