Thein v Cross [1995] UKEAT 1103_94_2405 (24 May 1995)

Thein v Cross [1995] UKEAT 1103_94_2405 (24 May 1995)

The Industrial Tribunal was manifestly entitled to conclude that the employer's failure to comply with the discovery order was wilful, justifying striking out the employer's notice of appearance and proceeding to find the dismissal unfair.

Citation
[1995] UKEAT 1103_94_2405
Parties
Employee: Mrs Cross; Employer: Dr Thein; Appellant's Representative: Mr Boswick
Jurisdiction
United Kingdom
Judgment Date
24 May 1995
Procedural Posture
Preliminary Appeal / Preliminary Hearing to Determine If Grounds of Appeal Show an Arguable Point of Law
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Tribunal Procedure, Discovery Orders, Wilful Breach, Strike Out of Defence
Employment Law Unfair Dismissal Tribunal Procedure Discovery Orders Wilful Breach Strike Out of Defence

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Parties

Mrs Cross

Employee

Dr Thein

Employer

Mr Boswick

Appellant's Representative

Procedural Posture

Preliminary Appeal / Preliminary Hearing to Determine If Grounds of Appeal Show an Arguable Point of Law

Legal Issues

  1. 1 Whether the Industrial Tribunal was entitled to debar the employer from defending for wilful breach of discovery order
  2. 2 Whether the breach was wilful or inadvertent
  3. 3 Whether late production of documents prejudiced the employee

Ratio Decidendi

The Industrial Tribunal was manifestly entitled to conclude that the employer's failure to comply with the discovery order was wilful, justifying striking out the employer's notice of appearance and proceeding to find the dismissal unfair.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Tribunal award of £13,759.00 stands