Griffin v. Business Employment Services Training Ltd [2001] UKEAT 0161_01_2610 (26 October 2001)

Griffin v. Business Employment Services Training Ltd [2001] UKEAT 0161_01_2610 (26 October 2001)

The Tribunal was entitled to strike out the applicant's claim for failure to comply with directions, as the failure was not properly explained, caused prejudice to the respondent, and the applicant retained alternative remedies. There was no error of law or breach of Article 6.

Citation
[2001] UKEAT 0161_01_2610
Parties
Appellant: Ms Griffin; Respondent: Unknown Respondent
Jurisdiction
United Kingdom
Judgment Date
26 October 2001
Procedural Posture
Employment Tribunal Appeal / Preliminary Ex Parte Hearing
Outcome
Appeal dismissed
Legal Topics
Strike Out of Claim, Non Compliance With Tribunal Directions, Prejudice, Right to Fair Trial
Employment Law Disability Discrimination Strike Out of Claim Non Compliance With Tribunal Directions Prejudice Right to Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Griffin

Appellant

Unknown Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Ex Parte Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in striking out the applicant's claim for failure to comply with directions
  2. 2 Whether the failure to comply was contumelious or flagrant
  3. 3 Whether striking out the claim breached Article 6 (right to a fair trial)

Ratio Decidendi

The Tribunal was entitled to strike out the applicant's claim for failure to comply with directions, as the failure was not properly explained, caused prejudice to the respondent, and the applicant retained alternative remedies. There was no error of law or breach of Article 6.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed at the preliminary stage.