Pallet Route Solutions Ltd v Morris (Practice and Procedure : Appearance or Response) [2013] UKEAT 0411_12_1010 (10 October 2013)

Pallet Route Solutions Ltd v Morris (Practice and Procedure : Appearance or Response) [2013] UKEAT 0411_12_1010 (10 October 2013)

A respondent who submits a late response is not entitled as of right to participate in remedy hearings, but may be permitted to do so at the Tribunal's discretion; barring participation without considering this discretion constitutes a material procedural irregularity and unfairness.

Source-derived case information.

Citation
[2013] UKEAT 0411_12_1010
Parties
Appellant: Peninsula Business Solutions Ltd; Respondent: DWF LLP Solicitors (for Respondent)
Jurisdiction
United Kingdom
Judgment Date
10 October 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Default Judgment (liability Only), Review of Remedy Hearing Procedure
Outcome
appeal allowed
Legal Topics
Default Judgment, Late Response, Right to Be Heard, Remedy Hearing, Procedural Fairness
Employment Law Civil Procedure Default Judgment Late Response Right to Be Heard Remedy Hearing Procedural Fairness

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Parties

Peninsula Business Solutions Ltd

Appellant

DWF LLP Solicitors (for Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Default Judgment (liability Only), Review of Remedy Hearing Procedure

Legal Issues

  1. 1 Whether a respondent who submitted a late response is absolutely barred from participating in remedy hearings under the 2004 Employment Tribunal Rules
  2. 2 Interpretation of 'not entitled to take any part in the proceedings' in Rule 9
  3. 3 Compatibility of Rule 9 with Article 6 ECHR (right to fair trial)

Ratio Decidendi

A respondent who submits a late response is not entitled as of right to participate in remedy hearings, but may be permitted to do so at the Tribunal's discretion; barring participation without considering this discretion constitutes a material procedural irregularity and unfairness.

Court Disposition

appeal allowed

Orders

  • Remission to the Employment Tribunal to reconsider remedy with proper consideration of Respondent's participation
  • Amendment to grounds of appeal permitted