Richards v Manpower Services Ltd (Practice and Procedure : Striking-out/dismissal) [2013] UKEAT 0014_13_0304 (03 April 2013)

Richards v Manpower Services Ltd (Practice and Procedure : Striking-out/dismissal) [2013] UKEAT 0014_13_0304 (03 April 2013)

The sanction in the Unless Order took effect automatically upon the Respondent's non-compliance, and the Employment Judge erred by not recognising this and by failing to require an application for relief from sanction. No relief from sanction was granted, and the response was struck out by operation of the Unless Order.

Citation
[2013] UKEAT 0014_13_0304
Parties
Appellant/claimant: Rowena Richards; Respondent: Manpower UK Ltd
Jurisdiction
United Kingdom
Judgment Date
03 April 2013
Procedural Posture
Employment Appeal / Appeal Against Refusal to Strike Out Response for Non Compliance With Unless Order
Outcome
Appeal allowed in part; declaration granted that the sanction in the Unless Order has taken effect.
Legal Topics
Unless Order, Striking Out, Disclosure, Relief From Sanction
Employment Law Civil Procedure Unless Order Striking Out Disclosure Relief From Sanction

Case Brief

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Parties

Rowena Richards

Appellant/claimant

Manpower UK Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Strike Out Response for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the Respondent complied with the Unless Order
  2. 2 Whether the Employment Judge erred in refusing to strike out the Respondent's response
  3. 3 Whether relief from sanction was granted or should have been granted

Ratio Decidendi

The sanction in the Unless Order took effect automatically upon the Respondent's non-compliance, and the Employment Judge erred by not recognising this and by failing to require an application for relief from sanction. No relief from sanction was granted, and the response was struck out by operation of the Unless Order.

Court Disposition

Appeal allowed in part; declaration granted that the sanction in the Unless Order has taken effect.

Orders

  • Declaration that the Respondent's response is struck out by operation of the Unless Order, subject to any application for relief from sanction.