Otehtubi v Friends In St Helier (Practice and Procedure: Striking-out/dismissal) [2017] UKEAT 0094_16_0902 (09 February 2017)

Otehtubi v Friends In St Helier (Practice and Procedure: Striking-out/dismissal) [2017] UKEAT 0094_16_0902 (09 February 2017)

The Employment Tribunal erred in law by striking out the claim without ensuring the claimant was aware of the respondent's application, without giving a reasonable opportunity to make representations, and by imposing a more severe sanction than was sought by the respondent. The Tribunal failed to follow a fair procedure and acted on inadequate information.

Citation
[2017] UKEAT 0094_16_0902
Parties
Appellant: Mrs Jane Otehtubi; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
09 February 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment Striking Out Claim
Outcome
Appeal allowed
Legal Topics
Striking Out, Unless Orders, Procedural Fairness, Employment Tribunal Procedure
Employment Law Civil Procedure Striking Out Unless Orders Procedural Fairness Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mrs Jane Otehtubi

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment Striking Out Claim

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by striking out the claim without proper procedure
  2. 2 Whether the claimant was given a reasonable opportunity to make representations before strike out
  3. 3 Whether the Respondent's application was properly served and copied to the claimant

Ratio Decidendi

The Employment Tribunal erred in law by striking out the claim without ensuring the claimant was aware of the respondent's application, without giving a reasonable opportunity to make representations, and by imposing a more severe sanction than was sought by the respondent. The Tribunal failed to follow a fair procedure and acted on inadequate information.

Court Disposition

Appeal allowed

Orders

  • The strike out of the claim is set aside.