Workplace Report March 2010

Law - Tribunal procedures

Employment tribunals – the key developments

• Striking out a claim or response because a party is disregarding tribunal procedures should only be a last resort where a fair hearing is no longer possible. A more appropriate step may be for a tribunal to issue an “unless” order (cases 1 and 2).

• Even if both parties agree an unfair dismissal claim is in time and should be heard, an employment tribunal must satisfy itself that the claim is in time (case 3).

Case details are available at www.employmentappeals.gov.uk (EAT) and www.bailii.org (Court of Appeal).

Call 020 8686 9141 for details of the journal Industrial Relations Law Reports (IRLR).