Search

How can we help?

Icon

Employment Tribunal reasoning required

In Duncan Lewis Solicitors Ltd v Miss M Puar the Employment Appeal Tribunal (“EAT”) clarified the steps that need to be considered when considering a strike out.  

In the present case, the Claimant had failed to particularise her claim and was ordered to provide more information.  The Claimant failed to do this, and the Tribunal made an unless order i.e. that unless the information be provided the claim would be struck out.  The Claimant failed to comply with the unless order and the claim was subsequently struck out.

Claimant had failed to particularise her claim and was ordered to provide more information.

The Claimant appealed the strike out decision and the ET reinstated the claim. The Respondent then appealed the decision to reinstate and the EAT had to determine whether the claim should have been reinstated. A key argument from the Respondent was that, as a result of failing to provide the information, the Respondent still didn’t know the case against it. Therefore, they didn’t know if a fair trial was possible. The EAT was critical of the ET as the ET did not consider the seriousness of the Claimant’s default when it reinstated the claim, nor did they believe the ET provided sufficient reasons as to why a fair trial was still possible. The EAT held that the decision to reinstate was “vitiated by a lack of adequate reasoning and must be reconsidered afresh”. The EAT went on to say that the Judge gave no adequate reasoning on the issue of the seriousness of the default by the Claimant. The EAT remitted the decision back to the ET.

The Respondent has a right know the case against them. If they do not, then they will not have a fair trial. This case highlights the options available to a Respondent when dealing with a non-compliant Claimant and reiterates the rule of natural justice.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 22 February 2024
  • Employment

Time to take the heat off menopausal women

On 22 February 2024, the EHRC released guidance and resources for employers designed to help employers understand their legal obligations in relation to supporting workers experiencing menopausal symptoms.

Pub
  • 22 February 2024
  • Employment

Talking Employment Law: What to do if you’re at risk of redundancy

In this podcast, Harry Berryman and Rebecca Dowle, members of the employment team, will talk through the steps that need to be taken for a redundancy to be fair and the range of criteria that can be used when determining which employees will be made redundant.

art
  • 21 February 2024
  • Immigration

FAQs Partner Visa UK

Discover the UK Spouse Visa: eligibility, finances, relationship criteria, and the latest updates in 2024 for a successful application.

art
  • 19 February 2024
  • Privacy and Data Protection

The role of Data Protection Officers in ensuring compliance

How many of us receive marketing calls for products and services we did not sign up for?

art
  • 12 February 2024
  • Employment

The World of Work in 2024- What Can HR Expect?

In many senses, 2024 is unlikely to be a year with radical ruptures from those that have gone before it. The significance of 2024 though, is that it is likely to build upon those megatrends impacting the world of work, which have been emerging for some time now and are only likely to strengthen as we move on in time.

art
  • 09 February 2024
  • Privacy and Data Protection

Are we suffering from cookie fatigue?

An over-indulgence in Easter treats might not be the only cookie fatigue that individuals will suffer this year according to the Information Commissioners Office (ICO).