Unwin v Sackville School & Anor [2000] UKEAT 1068_98_0102 (1 February 2000)

Unwin v Sackville School & Anor [2000] UKEAT 1068_98_0102 (1 February 2000)

Once a full Employment Tribunal has been empanelled and the hearing commenced, the decision to strike out a complaint of sex discrimination must be taken by the full tribunal, not by the Chairman sitting alone. The Chairman's unilateral decision to strike out the claim and make a costs order was an error of law and must be set aside.

Citation
[2000] UKEAT 1068_98_0102
Parties
Appellant: Mrs Unwin; First Respondent: Governing Body of Sackville School; Second Respondent: West Sussex County Council
Jurisdiction
United Kingdom
Judgment Date
01 February 2000
Procedural Posture
Employment Appeal / Appeal Against Strike Out and Costs Order
Outcome
Appeal allowed
Legal Topics
Sex Discrimination, Victimisation, Employment Tribunal Procedure, Strike Out Applications, Costs Orders
Employment Law Discrimination Law Sex Discrimination Victimisation Employment Tribunal Procedure Strike Out Applications Costs Orders

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Parties

Mrs Unwin

Appellant

Governing Body of Sackville School

First Respondent

West Sussex County Council

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Strike Out and Costs Order

Legal Issues

  1. 1 Whether the Chairman of the Employment Tribunal was entitled to strike out the complaint and make a costs order sitting alone after a full tribunal had been empanelled and the hearing commenced.

Ratio Decidendi

Once a full Employment Tribunal has been empanelled and the hearing commenced, the decision to strike out a complaint of sex discrimination must be taken by the full tribunal, not by the Chairman sitting alone. The Chairman's unilateral decision to strike out the claim and make a costs order was an error of law and must be set aside.

Court Disposition

Appeal allowed

Orders

  • Strike out order set aside
  • Costs order set aside