Office Equipment Systems Ltd v Hughes [2018] EWCA Civ 1842 (01 August 2018)

Office Equipment Systems Ltd v Hughes [2018] EWCA Civ 1842 (01 August 2018)

A respondent debarred from defending liability in an employment tribunal should generally be permitted to participate in remedy determination, including making written submissions and, where appropriate, oral submissions, unless exceptional circumstances justify exclusion. The Employment Judge erred in refusing the company participation at the remedy stage.

Citation
[2018] EWCA Civ 1842
Parties
Appellant: Office Equipment Systems Ltd; Respondent: Ms Jane Hughes
Jurisdiction
England and Wales
Judgment Date
01 August 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Default Judgment, Remedy Assessment, Participation Rights, Costs in Appeal
Employment Law Civil Procedure Default Judgment Remedy Assessment Participation Rights Costs in Appeal

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Office Equipment Systems Ltd

Appellant

Ms Jane Hughes

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a respondent debarred from defending liability in an employment tribunal is entitled to participate in remedy determination
  2. 2 Whether the Employment Judge erred in refusing the respondent participation at the remedy stage
  3. 3 Appropriate exercise of case management discretion under Employment Tribunals Rules of Procedure 2013

Ratio Decidendi

A respondent debarred from defending liability in an employment tribunal should generally be permitted to participate in remedy determination, including making written submissions and, where appropriate, oral submissions, unless exceptional circumstances justify exclusion. The Employment Judge erred in refusing the company participation at the remedy stage.

Court Disposition

Appeal allowed

Orders

  • Draft remedy decision of EJ Beard set aside
  • Case remitted to EJ Beard or another judge for remedy determination