EB v. BA [2008] UKEAT 0139_08_0407 (4 July 2008)

EB v. BA [2008] UKEAT 0139_08_0407 (4 July 2008)

The claimant's 'nil return' did not comply with the unless order, given the context and intention behind the order. The Tribunal was entitled to strike out the claim automatically upon breach and to refuse relief from sanctions, as the claimant's conduct was deliberate, uncooperative, and prejudicial to case management.

Citation
[2008] UKEAT 0139_08_0407
Parties
Appellant: Claimant (EB); Respondent: Respondent (BA)
Jurisdiction
United Kingdom
Judgment Date
04 July 2008
Procedural Posture
Employment Appeal Tribunal / Appeal Against Strike Out and Review Decisions
Outcome
Appeals dismissed
Legal Topics
Strike Out Orders, Unless Orders, Review of Tribunal Decisions, Burden of Proof, Case Management, Sex Discrimination, Gender Reassignment, Relief From Sanctions
Employment Law Civil Procedure Strike Out Orders Unless Orders Review of Tribunal Decisions Burden of Proof Case Management Sex Discrimination +2 more

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Parties

Claimant (EB)

Appellant

Respondent (BA)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Strike Out and Review Decisions

Legal Issues

  1. 1 Whether the claimant breached the unless order
  2. 2 Whether the strike out was proper
  3. 3 Whether relief from sanctions should be granted

Ratio Decidendi

The claimant's 'nil return' did not comply with the unless order, given the context and intention behind the order. The Tribunal was entitled to strike out the claim automatically upon breach and to refuse relief from sanctions, as the claimant's conduct was deliberate, uncooperative, and prejudicial to case management.

Court Disposition

Appeals dismissed

Orders

  • Strike out of claim stands
  • No relief from sanctions granted