Chambers-Mills v Allied Bakeries

Chambers-Mills v Allied Bakeries

Permission to appeal was granted because the appellant had a real prospect of success on the basis that the Employment Tribunal may have failed to consider the removal of the 'unless' aspect of the order, did not give the appellant proper notice or opportunity to respond to the strike out application, and may have proceeded in ignorance of material facts, thereby causing procedural unfairness.

Parties
Appellant: Mrs P Chambers-Mills; Respondent: Allied Bakeries
Jurisdiction
England and Wales
Judgment Date
26 November 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal (oral Renewal)
Outcome
permission to appeal granted (except on two grounds)
Legal Topics
Strike Out Applications, Procedural Fairness, Case Management, Disability Discrimination, Adjournment, Expert Evidence
Employment Law Disability Discrimination Strike Out Applications Procedural Fairness Case Management Adjournment Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mrs P Chambers-Mills

Appellant

Allied Bakeries

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (oral Renewal)

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the appellant’s Disability Discrimination Act claims for failure to comply with orders
  2. 2 Whether the appellant had proper notice and opportunity to respond to the strike out application
  3. 3 Whether the removal of the 'unless' aspect of the order was material and properly considered

Ratio Decidendi

Permission to appeal was granted because the appellant had a real prospect of success on the basis that the Employment Tribunal may have failed to consider the removal of the 'unless' aspect of the order, did not give the appellant proper notice or opportunity to respond to the strike out application, and may have proceeded in ignorance of material facts, thereby causing procedural unfairness.

Court Disposition

permission to appeal granted (except on two grounds)

Orders

  • Permission to appeal granted on all grounds except (1) failure to consider psychological condition and (12) proceeding without joint expert evidence; permission refused on those two grounds.