Turner v Sandham (t/a Wasteaway Skip Hire) & Ors [2008] UKEAT 0028_08_2805 (28 May 2008)

Turner v Sandham (t/a Wasteaway Skip Hire) & Ors [2008] UKEAT 0028_08_2805 (28 May 2008)

The Employment Tribunal erred by failing to provide sufficient reasoning as to why a fair trial was not possible and why lesser sanctions would not suffice. The strike out was disproportionate given the nature of the misconduct and available alternatives. The appeal succeeds and a lesser sanction is substituted.

Citation
[2008] UKEAT 0028_08_2805
Parties
Appellant/claimant: Mr Turner; 1st Respondent: Mr Sandham t/a Wasteaway Skip Hire; 2nd Respondent: Mrs Sandham; 3rd Respondent: LSS Waste Management Ltd
Jurisdiction
United Kingdom
Judgment Date
28 May 2008
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Strike Out Order
Outcome
Appeal allowed; strike out order set aside; substituted with debarring order and document handover.
Legal Topics
Strike Out of Claim, Scandalous and Unreasonable Conduct, Proportionality of Sanctions, Bias, Fair Trial, Professional Conduct of Solicitors
Employment Law Civil Procedure Strike Out of Claim Scandalous and Unreasonable Conduct Proportionality of Sanctions Bias Fair Trial Professional Conduct of Solicitors

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Turner

Appellant/claimant

Mr Sandham t/a Wasteaway Skip Hire

1st Respondent

Mrs Sandham

2nd Respondent

LSS Waste Management Ltd

3rd Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Strike Out Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claim for scandalous and unreasonable conduct
  2. 2 Whether a fair trial was still possible despite the misconduct
  3. 3 Whether the sanction of strike out was proportionate

Ratio Decidendi

The Employment Tribunal erred by failing to provide sufficient reasoning as to why a fair trial was not possible and why lesser sanctions would not suffice. The strike out was disproportionate given the nature of the misconduct and available alternatives. The appeal succeeds and a lesser sanction is substituted.

Court Disposition

Appeal allowed; strike out order set aside; substituted with debarring order and document handover.

Orders

  • Claimant debarred from amending claim to allege relevance of cash transactions or supporting documentation.
  • Claimant and/or Ms Singleton must within 7 days hand over to the 1st and 2nd Respondents' solicitors all documents and copies relating to cash transactions belonging to the 1st and 2nd Respondents.