When should the justice of case proceedings prevail over hardnosed case management practice? Shane Crawford investigates
- On consideration of decisions during 2018, the Employment Appeal Tribunal has demonstrated that there is a fine line between firm case management and unjustified curtailment of the right to bring or advance a claim.
The steady increase in claims and the pressure on tribunals’ resources bring a sharper focus to the case management powers invested in judges during the preliminary stages of claims.
Robust use of case management powers in the hands of employment judges is a natural progression. On consideration of decisions during 2018, the Employment Appeal Tribunal (EAT) has, however, demonstrated that there is a fine line between firm case management and unjustified curtailment of the right to bring or advance a claim.
Managing the issues
Managing the extent of the issues in discrimination claims: In Tarn v Dr Hughes & Ors UKEAT/0064/18/DM, [2018] IRLR 1021, the claimant was required by the judge to choose the ten ‘most recent and serious’
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