header-logo header-logo

Strike force (3)

17 May 2013 / Mark Whitcombe
Issue: 7560 / Categories: Features , Employment
printer mail-detail

Mark Whitcombe concludes his examination of the employment tribunal’s approach to striking out

The express power to issue an unless order was first introduced in the Employment Tribunal Rules of Procedure 2004. In several cases including Scottish Ambulance Service v Laing [2012] UKEAT 0038/12/1710 and and Richards v Manpower Services Ltd [2013] UKEAT 0014/13 the Employment Appeal Tribunal (EAT) has explained that unless orders are conditional judgments. They should not be confused with the various powers to strike out under r 18(7), and very different considerations arise.

A failure to comply with an unless order will lead to an automatic strike out under r 13(2). In the event of non-compliance, tribunals do not have discretion to do anything other than confirm dismissal of the claim. Partial compliance will not suffice to avoid the consequences of the unless order (Royal Bank of Scotland v Abraham [2009] UKEAT 0305/09/2608).

Since an unless order is a conditional judgment it is both susceptible to review under r 34 and also appealable to the EAT. Findings of fact

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll