Miller v. Lambeth Primary Care Trust (Rev 1) [2009] UKEAT 0181_09_1407 (14 July 2009)

Miller v. Lambeth Primary Care Trust (Rev 1) [2009] UKEAT 0181_09_1407 (14 July 2009)

The Employment Judge erred by affirming the strike out without ensuring the claimant received notice of the review hearing; it was the Tribunal's duty to communicate directly with the claimant after her representative ceased acting. The review judgment is set aside and a rehearing is ordered.

Citation
[2009] UKEAT 0181_09_1407
Parties
Appellant/claimant: Ms M C Miller; Respondent: Respondent (not named)
Jurisdiction
United Kingdom
Judgment Date
14 July 2009
Procedural Posture
Employment Tribunal Appeal / Appeal Against Review Judgment Affirming Strike Out for Non Pursuit
Outcome
Appeal allowed; review judgment set aside; rehearing ordered.
Legal Topics
Strike Out for Non Prosecution, Review of Tribunal Decisions, Notice of Hearing, Procedural Fairness
Employment Law Civil Procedure Strike Out for Non Prosecution Review of Tribunal Decisions Notice of Hearing Procedural Fairness

Case Brief

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Parties

Ms M C Miller

Appellant/claimant

Respondent (not named)

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Review Judgment Affirming Strike Out for Non Pursuit

Legal Issues

  1. 1 Whether the Employment Tribunal erred in affirming a strike out where the claimant did not receive notice of the review hearing
  2. 2 Whether failure to notify the claimant directly justified setting aside the review judgment

Ratio Decidendi

The Employment Judge erred by affirming the strike out without ensuring the claimant received notice of the review hearing; it was the Tribunal's duty to communicate directly with the claimant after her representative ceased acting. The review judgment is set aside and a rehearing is ordered.

Court Disposition

Appeal allowed; review judgment set aside; rehearing ordered.

Orders

  • Review judgment set aside.
  • Matter remitted for rehearing before any Employment Judge at Croydon.