Profile Analysis Ltd v. Cassidy [2003] UKEAT 0586_03_1311 (13 November 2003)

Profile Analysis Ltd v. Cassidy [2003] UKEAT 0586_03_1311 (13 November 2003)

The Tribunal erred in characterising Profile's conduct as contumelious and in ordering strike out; the conduct did not justify the ultimate sanction; exclusion of Mr Tindle's evidence would have been proportionate.

Citation
[2003] UKEAT 0586_03_1311
Parties
Appellant: Profile; Respondent: Mr Cassidy
Jurisdiction
United Kingdom
Judgment Date
13 November 2003
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Strike Out Decision
Outcome
appeal allowed
Legal Topics
Strike Out, Unfair Dismissal, Remedies Hearing, Professional Conduct, Confidentiality
Employment Law Strike Out Unfair Dismissal Remedies Hearing Professional Conduct Confidentiality

Case Brief

Summary, issues, holding and outcome

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Parties

Profile

Appellant

Mr Cassidy

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Strike Out Decision

Legal Issues

  1. 1 Whether the conduct of Profile justified striking out its notice of appearance
  2. 2 Whether the Tribunal's decision was proportionate and correct
  3. 3 Whether a fair trial of the remedies issue was possible

Ratio Decidendi

The Tribunal erred in characterising Profile's conduct as contumelious and in ordering strike out; the conduct did not justify the ultimate sanction; exclusion of Mr Tindle's evidence would have been proportionate.

Court Disposition

appeal allowed

Orders

  • Strike out of Profile's appearance set aside
  • Award of compensation set aside