Adebayo-Orebote v. Sureway Parking Services Ltd [2001] UKEAT 1242_00_0712 (7 December 2001)

It was an error of law for the Tribunal to strike out the claim precipitately when informed of the representative's illness; a proper exercise of discretion would have been to adjourn and allow explanation.

Citation: [2001] UKEAT 1242_00_0712
Parties: Appellant's Solicitor: Mr Ogunnowo; Respondent's Counsel: Miss L Seymour
Jurisdiction: United Kingdom
Judgment Date: 07 December 2001
Procedural Posture: Employment Appeal / Appeal From Employment Tribunal Decision Striking Out Claim for Non Appearance
Outcome: Appeal allowed; case remitted for review of strike out decision.
Legal Topics: Unfair Dismissal, Strike Out for Non Appearance, Judicial Discretion, Review of Tribunal Decisions, Costs

Employment Law Civil Procedure Unfair Dismissal Strike Out for Non Appearance Judicial Discretion Review of Tribunal Decisions Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Ogunnowo

Appellant's Solicitor

Miss L Seymour

Respondent's Counsel

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision Striking Out Claim for Non Appearance

Legal Issues

1 Whether the Employment Tribunal exercised its discretion properly in striking out the claim for non-appearance
2 Whether the failure to attend due to illness was a sufficient explanation
3 Whether the proper remedy was review or appeal

Ratio Decidendi

Court Disposition

Appeal allowed; case remitted for review of strike out decision.

Orders

Case remitted to the same Tribunal (or as directed by Regional Chairman) for review of the strike out decision.
No order as to costs for the appeal hearing.