Hylton v Royal Mail Group Ltd (Practice and Procedure) [2015] UKEAT 0369_14_2402 (24 February 2015)

Hylton v Royal Mail Group Ltd (Practice and Procedure) [2015] UKEAT 0369_14_2402 (24 February 2015)

The Judge did not err in law by refusing relief from strike-out; the Claimant failed to comply with orders, the medical evidence was unsatisfactory, and there was a real risk that a fair hearing could not proceed. The Judge considered all relevant circumstances and exercised discretion appropriately.

Citation
[2015] UKEAT 0369_14_2402
Parties
Appellant: Claimant; Respondent: Royal Mail
Jurisdiction
United Kingdom
Judgment Date
24 February 2015
Procedural Posture
Employment Appeal / Appeal Against Refusal to Reinstate Claim After Strike Out
Outcome
appeal dismissed
Legal Topics
Strike Out, Relief From Sanctions, Discrimination, Case Management, Proportionality
Employment Law Civil Procedure Strike Out Relief From Sanctions Discrimination Case Management Proportionality

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Royal Mail

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Reinstate Claim After Strike Out

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing relief from automatic strike-out following non-compliance with an unless order
  2. 2 Whether the Tribunal properly considered medical evidence and proportionality
  3. 3 Whether a fair trial remained possible

Ratio Decidendi

The Judge did not err in law by refusing relief from strike-out; the Claimant failed to comply with orders, the medical evidence was unsatisfactory, and there was a real risk that a fair hearing could not proceed. The Judge considered all relevant circumstances and exercised discretion appropriately.

Court Disposition

appeal dismissed

Orders

  • No relief from strike-out; claim remains struck out