S Bharaj v Santander UK Plc & Ors

S Bharaj v Santander UK Plc & Ors

The Employment Judge did not err in law in striking out the claimant's claims for non-compliance with a tribunal order. The strike out was a proportionate response given the seriousness of the default, the impact on the hearing date, and the absence of less drastic measures to ensure a fair trial. The reconsideration application was also properly refused; reference to AIC Ltd did not affect the outcome as the established employment tribunal principles were correctly applied.

Parties
Claimant: Miss S Bharaj; Respondent: Santander UK PLC; Respondent: Mrs Alison Simmons; Respondent: Mr Dean Robinson
Jurisdiction
England and Wales
Judgment Date
03 July 2024
Procedural Posture
Employment Appeal / Judgment on Appeal Against Strike Out and Reconsideration Decisions
Outcome
Appeal dismissed
Legal Topics
Strike Out Applications, Non Compliance With Tribunal Orders, Proportionality, Case Management Discretion, Reconsideration of Judgments
Employment Law Civil Procedure Strike Out Applications Non Compliance With Tribunal Orders Proportionality Case Management Discretion Reconsideration of Judgments

Case Brief

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Parties

Miss S Bharaj

Claimant

Santander UK PLC

Respondent

Mrs Alison Simmons

Respondent

Mr Dean Robinson

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Strike Out and Reconsideration Decisions

Legal Issues

  1. 1 Whether the Employment Judge erred in striking out the claimant's claims for non-compliance with a tribunal order under rule 37(1)(c)
  2. 2 Whether the strike out was a proportionate response under common law and Article 6 ECHR
  3. 3 Whether the Employment Judge erred in refusing the reconsideration application by applying principles from AIC Ltd v Federal Airports Authority of Nigeria

Ratio Decidendi

The Employment Judge did not err in law in striking out the claimant's claims for non-compliance with a tribunal order. The strike out was a proportionate response given the seriousness of the default, the impact on the hearing date, and the absence of less drastic measures to ensure a fair trial. The reconsideration application was also properly refused; reference to AIC Ltd did not affect the outcome as the established employment tribunal principles were correctly applied.

Court Disposition

Appeal dismissed

Orders

  • Both the appeal against the strike out decision and the appeal against the refusal of reconsideration are dismissed.