Terry Ballard & Co (A Firm) v Stonestreet [2007] UKEAT 0568_06_1101 (11 January 2007)

Terry Ballard & Co (A Firm) v Stonestreet [2007] UKEAT 0568_06_1101 (11 January 2007)

The Employment Tribunal erred in law by failing to recognise the serious consequences of automatic debarment under Rule 9, misapplying review procedures, and denying the Respondent the opportunity to participate in the review hearing on compensation. A debarred respondent who applies for review must be allowed to participate as a full party if the application is not refused, and the review may be limited to compensation where liability is not contested.

Citation
[2007] UKEAT 0568_06_1101
Parties
Respondent/appellant: Mr T Ballard; Claimant/respondent: Ms A Stonestreet
Jurisdiction
United Kingdom
Judgment Date
11 January 2007
Procedural Posture
Employment Tribunal Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Breach of Contract, Compensation, Debarment, Review of Tribunal Decisions
Employment Law Insolvency Practice and Procedure Unfair Dismissal Breach of Contract Compensation Debarment Review of Tribunal Decisions

Case Brief

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Parties

Mr T Ballard

Respondent/appellant

Ms A Stonestreet

Claimant/respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether a debarred respondent may apply for review and participate as a full party
  2. 2 Whether the Employment Tribunal erred in administrative arrangements after debarment
  3. 3 Whether refusal to review the substantive judgment was lawful

Ratio Decidendi

The Employment Tribunal erred in law by failing to recognise the serious consequences of automatic debarment under Rule 9, misapplying review procedures, and denying the Respondent the opportunity to participate in the review hearing on compensation. A debarred respondent who applies for review must be allowed to participate as a full party if the application is not refused, and the review may be limited to compensation where liability is not contested.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the same Employment Tribunal for a review hearing limited to compensation; Respondent to appear as a full party.
  • Judgment for automatic unfair dismissal, breach of contract, and failure to provide written particulars remains in place.