Radford v Teeside University (Practice and Procedure : Review) [2011] UKEAT 0304_11_2110 (21 October 2011)

Radford v Teeside University (Practice and Procedure : Review) [2011] UKEAT 0304_11_2110 (21 October 2011)

The appeal was allowed because the Claimant's review application, based on her representative's misleading conduct and her resulting inability to renew her adjournment application, raised exceptional circumstances that required determination by a full Tribunal rather than summary rejection by a judge alone.

Citation
[2011] UKEAT 0304_11_2110
Parties
Appellant/claimant: Professor Radford; Respondent: Teesside University
Jurisdiction
United Kingdom
Judgment Date
21 October 2011
Procedural Posture
Employment Appeal / Appeal Against Summary Rejection of Review Application
Outcome
Appeal allowed
Legal Topics
Review of Tribunal Decisions, Adjournment Applications, Wasted Costs Orders, Constructive Unfair Dismissal, Discrimination (age, Sexual Orientation)
Employment Law Civil Procedure Review of Tribunal Decisions Adjournment Applications Wasted Costs Orders Constructive Unfair Dismissal Discrimination (age, Sexual Orientation)

Case Brief

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Parties

Professor Radford

Appellant/claimant

Teesside University

Respondent

Procedural Posture

Employment Appeal / Appeal Against Summary Rejection of Review Application

Legal Issues

  1. 1 Whether the Employment Judge erred in summarily rejecting the review application without a full Tribunal hearing
  2. 2 Whether the Claimant was deprived of a fair opportunity to renew her adjournment application due to her representative's conduct
  3. 3 Whether the facts warranted a review under Employment Tribunal rule 35(3)(e)

Ratio Decidendi

The appeal was allowed because the Claimant's review application, based on her representative's misleading conduct and her resulting inability to renew her adjournment application, raised exceptional circumstances that required determination by a full Tribunal rather than summary rejection by a judge alone.

Court Disposition

Appeal allowed

Orders

  • Claimant's review application remitted for hearing by a fresh, full Employment Tribunal other than that which sat on 24 January