Kuttapan v London Borough Of Croydon & Ors [1998] UKEAT 268_98_1712 (17 December 1998)

Kuttapan v London Borough Of Croydon & Ors [1998] UKEAT 268_98_1712 (17 December 1998)

The Chairman erred in calculating the start date for deposit payment, misconstrued tribunal powers regarding review and extension of time, and failed to order a directions hearing to resolve factual issues. The strike out order was not reviewable, but could be revoked or set aside under tribunal directions powers.

Citation
[1998] UKEAT 268_98_1712
Parties
Appellant: Mr Kuttapan; Respondents: London Borough of Croydon and others
Jurisdiction
United Kingdom
Judgment Date
17 December 1998
Procedural Posture
Employment Appeal Tribunal / Appeal Against Strike Out and Review Decisions
Outcome
First appeal dismissed; second appeal allowed
Legal Topics
Racial Discrimination, Wrongful Dismissal, Deposit Orders, Strike Out Orders, Tribunal Procedure
Employment Law Civil Procedure Racial Discrimination Wrongful Dismissal Deposit Orders Strike Out Orders Tribunal Procedure

Case Brief

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Parties

Mr Kuttapan

Appellant

London Borough of Croydon and others

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal Against Strike Out and Review Decisions

Legal Issues

  1. 1 When does time begin to run for deposit payment under Rule 7(7)?
  2. 2 What constitutes 'payment' under Rule 7(7)?
  3. 3 Is a strike out order under Rule 7(7) reviewable?

Ratio Decidendi

The Chairman erred in calculating the start date for deposit payment, misconstrued tribunal powers regarding review and extension of time, and failed to order a directions hearing to resolve factual issues. The strike out order was not reviewable, but could be revoked or set aside under tribunal directions powers.

Court Disposition

First appeal dismissed; second appeal allowed

Orders

  • Directions hearing to be held before a full Employment Tribunal with a new panel to determine whether the strike out order should be set aside after resolving factual issues.