Sodexho Ltd v Gibbons [2005] UKEAT 0318_05_2907 (29 July 2005)

Sodexho Ltd v Gibbons [2005] UKEAT 0318_05_2907 (29 July 2005)

The Employment Tribunal Chairman was entitled to review and revoke the strike-out judgment under Rule 34(1)(b) and Rule 34(3)(a) and (e), and to extend time for payment of the deposit under Rule 10(2)(e) and (n) due to material change of circumstances caused by administrative error (wrong postcode).

Citation
[2005] UKEAT 0318_05_2907
Parties
Claimant: Mr Gibbons; Respondent: Sodexho Ltd
Jurisdiction
United Kingdom
Judgment Date
29 July 2005
Procedural Posture
Employment Appeal Tribunal / Appeal Against Three Orders Following Review and Strike Out
Outcome
Appeals dismissed
Legal Topics
Strike Out Orders, Deposit Orders, Review Applications, Extension of Time, Administrative Error, Interests of Justice
Employment Law Strike Out Orders Deposit Orders Review Applications Extension of Time Administrative Error Interests of Justice

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Parties

Mr Gibbons

Claimant

Sodexho Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Three Orders Following Review and Strike Out

Legal Issues

  1. 1 Whether a strike-out under Rule 20(4) Employment Tribunal Rules 2004 is a reviewable judgment
  2. 2 Whether a deposit order under Rule 20(1) is reviewable
  3. 3 Whether administrative error includes errors by parties

Ratio Decidendi

The Employment Tribunal Chairman was entitled to review and revoke the strike-out judgment under Rule 34(1)(b) and Rule 34(3)(a) and (e), and to extend time for payment of the deposit under Rule 10(2)(e) and (n) due to material change of circumstances caused by administrative error (wrong postcode).

Court Disposition

Appeals dismissed

Orders

  • Strike-out judgment revoked
  • Time for deposit payment extended to 21 days from 17 March 2005