Bennett v London Probation Service & Ors [2009] UKEAT 0194_09_1706 (17 June 2009)

Bennett v London Probation Service & Ors [2009] UKEAT 0194_09_1706 (17 June 2009)

The Tribunal was entitled to strike out the claim due to the appellant's persistent refusal to disclose a material medical report, making a fair trial impossible. The Tribunal correctly refused amendment to add sex discrimination as it was not raised in the grievance procedure, and properly dismissed the application to withdraw the withdrawal of claim against LPS as it lacked jurisdiction.

Citation
[2009] UKEAT 0194_09_1706
Parties
Appellant: Ms L Bennett; First Respondent: Essex County Council Legal Services (for LPS); Second & Third Respondents: Thompsons Solicitors (for NAPO and Ms Shepherd)
Jurisdiction
United Kingdom
Judgment Date
17 June 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decisions
Outcome
Appeal dismissed
Legal Topics
Striking Out, Amendment of Claims, Withdrawal of Claims, Race Discrimination, Sex Discrimination, Victimisation
Employment Law Discrimination Law Civil Procedure Striking Out Amendment of Claims Withdrawal of Claims Race Discrimination Sex Discrimination +1 more

Case Brief

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Parties

Ms L Bennett

Appellant

Essex County Council Legal Services (for LPS)

First Respondent

Thompsons Solicitors (for NAPO and Ms Shepherd)

Second & Third Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decisions

Legal Issues

  1. 1 Whether the Employment Tribunal was correct to strike out the claim for refusal to disclose a medical report
  2. 2 Whether the Tribunal erred in refusing amendment to add sex discrimination
  3. 3 Whether the Tribunal had jurisdiction to allow withdrawal of withdrawal of claim

Ratio Decidendi

The Tribunal was entitled to strike out the claim due to the appellant's persistent refusal to disclose a material medical report, making a fair trial impossible. The Tribunal correctly refused amendment to add sex discrimination as it was not raised in the grievance procedure, and properly dismissed the application to withdraw the withdrawal of claim against LPS as it lacked jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • Strike out of claim in 8815 upheld
  • Refusal to amend claim in 8815 upheld