Uyanwa-Odu & Anor v Schools Offices Services Ltd [2005] UKEAT 0294_05_0510 (5 October 2005)

Uyanwa-Odu & Anor v Schools Offices Services Ltd [2005] UKEAT 0294_05_0510 (5 October 2005)

A Rule 13(2) unless order amounts to a conditional judgment, reviewable under Rule 34; alternatively, it is an order susceptible to variation under Rule 10(2)(n). The Tribunal is not functus officio after a Rule 13(2) strike out and retains power to review or vary the strike out order and extend time for compliance.

Citation
[2005] UKEAT 0294_05_0510
Parties
Appellant: Claimants; First Respondent: Schools Offices Services Ltd (SOS); Second Respondent: Caxton Islington Ltd (Caxton)
Jurisdiction
United Kingdom
Judgment Date
05 October 2005
Procedural Posture
Employment Tribunal Appeal / Appeal From Tribunal Judgment
Outcome
Appeal upheld; case remitted
Legal Topics
Strike Out Orders, Relief From Sanction, Review of Tribunal Orders, TUPE Regulations
Employment Law Civil Procedure Strike Out Orders Relief From Sanction Review of Tribunal Orders TUPE Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Claimants

Appellant

Schools Offices Services Ltd (SOS)

First Respondent

Caxton Islington Ltd (Caxton)

Second Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Tribunal Judgment

Legal Issues

  1. 1 Whether a Rule 13(2) unless order is a judgment or an order
  2. 2 Whether the Tribunal is functus officio after a Rule 13(2) strike out
  3. 3 Whether the Tribunal can review or vary a Rule 13(2) strike out order

Ratio Decidendi

A Rule 13(2) unless order amounts to a conditional judgment, reviewable under Rule 34; alternatively, it is an order susceptible to variation under Rule 10(2)(n). The Tribunal is not functus officio after a Rule 13(2) strike out and retains power to review or vary the strike out order and extend time for compliance.

Court Disposition

Appeal upheld; case remitted

Orders

  • Case remitted to the same Tribunal, if practicable, for consideration of any application by the Claimants for review of the strike out order of 4 March made within fourteen days of the seal date of this order and for variation of orders made on 4 March, under Rules 34-36 and 10-12 of the Employment Tribunal Rules of...