Camden Federation Of Tenants & Residents Association v Hayward (Practice and Procedure : Application/Claim) [2014] UKEAT 0423_13_2802 (28 February 2014)

Camden Federation Of Tenants & Residents Association v Hayward (Practice and Procedure : Application/Claim) [2014] UKEAT 0423_13_2802 (28 February 2014)

Employment Judge erred in law by fettering discretion and failing to consider properly constituted, albeit out of time, application for review; matter must be remitted for rehearing to allow proper exercise of discretion.

Citation
[2014] UKEAT 0423_13_2802
Parties
Appellant: Respondent; Respondent: Claimant
Jurisdiction
United Kingdom
Judgment Date
28 February 2014
Procedural Posture
Employment Tribunal Appeal / Appeal and Cross Appeal Against Refusal to Review Default Judgment
Outcome
Appeal allowed; cross-appeal partially upheld.
Legal Topics
Default Judgment, Application for Review, Extension of Time, Disability Discrimination, Unfair Dismissal, Holiday Pay
Employment Law Civil Procedure Default Judgment Application for Review Extension of Time Disability Discrimination Unfair Dismissal Holiday Pay

Case Brief

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Parties

Respondent

Appellant

Claimant

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal and Cross Appeal Against Refusal to Review Default Judgment

Legal Issues

  1. 1 Whether Employment Judge erred in refusing to review default judgment for failure to comply with rule 33(2)
  2. 2 Whether discretion was wrongly fettered by treating rule 33(2) as mandatory
  3. 3 Whether second application/amendment for review should have been considered

Ratio Decidendi

Employment Judge erred in law by fettering discretion and failing to consider properly constituted, albeit out of time, application for review; matter must be remitted for rehearing to allow proper exercise of discretion.

Court Disposition

Appeal allowed; cross-appeal partially upheld.

Orders

  • Matter remitted to Employment Tribunal for rehearing of application for review of default judgment by any Employment Judge.
  • Typographical error in formal judgment to be deleted.