Potter v. Sound Control Modern Music Stores Ltd [2009] UKEAT 0543_08_2301 (23 January 2009)

Potter v. Sound Control Modern Music Stores Ltd [2009] UKEAT 0543_08_2301 (23 January 2009)

It was an error to dismiss the protective award claim on paper without evidence when the respondent had not entered a response; such claims should proceed to a hearing on their merits.

Citation
[2009] UKEAT 0543_08_2301
Parties
Claimant: Mr Potter; Respondent: Sound Control Modern Music Stores Ltd (in administration)
Jurisdiction
United Kingdom
Judgment Date
23 January 2009
Procedural Posture
Employment Appeal / Appeal Against Part of Default Judgment (liability Only)
Outcome
Appeal allowed; part of default judgment set aside; case remitted for hearing on merits.
Legal Topics
Default Judgment, Protective Award, Unfair Dismissal, Failure to Provide Employment Particulars, Redundancy, Employment Tribunal Procedure
Employment Law Default Judgment Protective Award Unfair Dismissal Failure to Provide Employment Particulars Redundancy Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mr Potter

Claimant

Sound Control Modern Music Stores Ltd (in administration)

Respondent

Procedural Posture

Employment Appeal / Appeal Against Part of Default Judgment (liability Only)

Legal Issues

  1. 1 Whether it was correct to dismiss the protective award claim under the Trade Union and Labour Relations (Consolidation) Act 1992 without evidence when no response was entered by the respondent
  2. 2 Whether the Employment Judge misconstrued the meaning of 'establishment' in section 188(1) of the 1992 Act

Ratio Decidendi

It was an error to dismiss the protective award claim on paper without evidence when the respondent had not entered a response; such claims should proceed to a hearing on their merits.

Court Disposition

Appeal allowed; part of default judgment set aside; case remitted for hearing on merits.

Orders

  • Paragraph 3 of the default judgment is set aside.
  • Case remitted for hearing on the merits of the protective award claim.