Morgan Motor Company Ltd v Morgan (Practice and Procedure: Striking-out/dismissal) [2015] UKEAT 0128_15_0206 (02 June 2015)

Morgan Motor Company Ltd v Morgan (Practice and Procedure: Striking-out/dismissal) [2015] UKEAT 0128_15_0206 (02 June 2015)

The ET failed to import into its balancing exercise the importance of compliance with unless orders, did not fully engage with the explanation for the claimant's default, and did not properly consider whether it was appropriate to assess the possibility of a fair trial at the later date. The ET's reasoning did not disclose a proper consideration of all relevant factors, rendering the decision unsafe.

Citation
[2015] UKEAT 0128_15_0206
Parties
Respondent/appellant: Morgan Motor Company Ltd; Claimant/respondent: Charles Morgan
Jurisdiction
United Kingdom
Judgment Date
02 June 2015
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Against ET Decision Granting Relief From Sanction After Strike Out for Non Compliance With Unless Order
Outcome
Appeal allowed; ET's decision set aside; matter remitted for reconsideration by a different Employment Tribunal.
Legal Topics
Relief From Sanction, Unless Order, Strike Out, Judicial Discretion, Disclosure Obligations, Interests of Justice
Employment Law Civil Procedure Relief From Sanction Unless Order Strike Out Judicial Discretion Disclosure Obligations Interests of Justice

Case Brief

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Parties

Morgan Motor Company Ltd

Respondent/appellant

Charles Morgan

Claimant/respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Against ET Decision Granting Relief From Sanction After Strike Out for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in granting relief from sanction after strike-out for non-compliance with an unless order
  2. 2 Whether the ET failed to consider all relevant factors in the balancing exercise required for relief from sanction

Ratio Decidendi

The ET failed to import into its balancing exercise the importance of compliance with unless orders, did not fully engage with the explanation for the claimant's default, and did not properly consider whether it was appropriate to assess the possibility of a fair trial at the later date. The ET's reasoning did not disclose a proper consideration of all relevant factors, rendering the decision unsafe.

Court Disposition

Appeal allowed; ET's decision set aside; matter remitted for reconsideration by a different Employment Tribunal.

Orders

  • The appeal is allowed.
  • The ET's decision granting relief from sanction is set aside.