Thomas v R C Frame Erectors Ltd [1991] UKEAT 116_91_1807 (18 July 1991)

Thomas v R C Frame Erectors Ltd [1991] UKEAT 116_91_1807 (18 July 1991)

The Tribunal erred by striking out the application without considering that a preliminary hearing had already been ordered for the production of documents, thus failing to exercise its discretion properly.

Citation
[1991] UKEAT 116_91_1807
Parties
Appellant: Mr Thomas; Respondent: R C Frame Erectors Ltd
Jurisdiction
United Kingdom
Judgment Date
18 July 1991
Procedural Posture
Employment Appeal / Appeal Against Striking Out of Application at Preliminary Stage
Outcome
Appeal allowed
Legal Topics
Redundancy Payment, Employment Status, Discovery of Documents, Industrial Tribunal Procedure
Employment Law Redundancy Payment Employment Status Discovery of Documents Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Thomas

Appellant

R C Frame Erectors Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Striking Out of Application at Preliminary Stage

Legal Issues

  1. 1 Whether the applicant was an employee or self-employed
  2. 2 Whether the Industrial Tribunal erred in striking out the application for non-compliance with discovery order

Ratio Decidendi

The Tribunal erred by striking out the application without considering that a preliminary hearing had already been ordered for the production of documents, thus failing to exercise its discretion properly.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Tribunal for a preliminary hearing or summons for directions
  • No further order made; learned Chairman to arrange a further hearing promptly