Uwhubetine & Anor v NHS Commission Board England & Ors (PRATICE AND PROCEDURE - Striking-out/dismissal) (Rev 1) [2019] UKEAT 0264_18_2304 (23 April 2019)

Uwhubetine & Anor v NHS Commission Board England & Ors (PRATICE AND PROCEDURE - Striking-out/dismissal) (Rev 1) [2019] UKEAT 0264_18_2304 (23 April 2019)

The Tribunal correctly determined that there was material non-compliance with the Unless Order as the Scott Schedule failed to provide particulars required by the Order, including identification of responsible individuals and specific dates. The Unless Order was clear, and its automatic effect was to strike out the claims upon non-compliance. The Tribunal was not required to revisit the terms of the Order or provide further notice before the Order took effect. The Claimants had a fair opportunity to make submissions. The appeal was dismissed.

Citation
[2019] UKEAT 0264_18_2304
Parties
Appellant/claimant: Dr Njoku; Appellant/claimant: Dr Uwhubetine; First Respondent: NHS Commissioning Board England; Third Respondent: Dr David Black; Fourth Respondent: Dr David Brown; Second Respondent: NHS Doncaster Clinical Commissioning Group
Jurisdiction
United Kingdom
Judgment Date
23 April 2019
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Striking Out, Unless Orders, Discrimination, Whistleblowing, Case Management, Jurisdictional Issues
Employment Law Striking Out Unless Orders Discrimination Whistleblowing Case Management Jurisdictional Issues

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 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Dr Njoku

Appellant/claimant

Dr Uwhubetine

Appellant/claimant

NHS Commissioning Board England

First Respondent

Dr David Black

Third Respondent

Dr David Brown

Fourth Respondent

NHS Doncaster Clinical Commissioning Group

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding material non-compliance with an Unless Order as to service of a Scott Schedule and striking out the claims.
  2. 2 Whether the Tribunal failed to provide proper notice or opportunity for relief from sanctions under Rule 38.
  3. 3 Whether the Unless Order was sufficiently clear and properly applied.

Ratio Decidendi

The Tribunal correctly determined that there was material non-compliance with the Unless Order as the Scott Schedule failed to provide particulars required by the Order, including identification of responsible individuals and specific dates. The Unless Order was clear, and its automatic effect was to strike out the claims upon non-compliance. The Tribunal was not required to revisit the terms of the Order or provide further notice before the Order took effect. The Claimants had a fair opportunity to make submissions. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal against the Second Respondent dismissed upon withdrawal by the Claimants.
  • Appeal against the First, Third, and Fourth Respondents dismissed.