Girvan v Humberside Probation Trust [2009] UKEAT 0197_09_0608 (6 August 2009)

Girvan v Humberside Probation Trust [2009] UKEAT 0197_09_0608 (6 August 2009)

The Employment Judge erred by failing to consider the explanations offered by the Claimant and not considering less draconic measures, as required by established legal principles; both the strikeout and refusal to review were set aside.

Citation
[2009] UKEAT 0197_09_0608
Parties
Claimant: Ms Girvan; Respondent: Humberside Probation Trust
Jurisdiction
United Kingdom
Judgment Date
06 August 2009
Procedural Posture
Employment Tribunal Appeal / Appeal Against Strikeout and Refusal to Review
Outcome
Appeal allowed; judgments set aside and remitted
Legal Topics
Strikeout Applications, Constructive Unfair Dismissal, Case Management, Review of Tribunal Decisions
Employment Law Civil Procedure Strikeout Applications Constructive Unfair Dismissal Case Management Review of Tribunal Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Girvan

Claimant

Humberside Probation Trust

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Strikeout and Refusal to Review

Legal Issues

  1. 1 Whether the Employment Judge erred in striking out the claim without considering relevant explanations and less draconic measures
  2. 2 Whether the refusal to review the strikeout was justified

Ratio Decidendi

The Employment Judge erred by failing to consider the explanations offered by the Claimant and not considering less draconic measures, as required by established legal principles; both the strikeout and refusal to review were set aside.

Court Disposition

Appeal allowed; judgments set aside and remitted

Orders

  • Employment Tribunal judgments set aside
  • Matter remitted to a different judge for hearing of Respondent's strikeout application