More rebarbativity!
by Philip
Rebarbative was the description used by an EAT Judge to describe the statutory procedures. The same adjective could apply to the changes made to Tribunal procedure which happened at the same time.
The case illustrates the mess an employer can get into if unawares. A short service employee was dismissed before the one year qualifying period. He issues two claims to the Tribunal-one for a health and safety related dismissal, the other for sex discrimination. The latter was initially refused by the Tribunal as the employee had failed to lodge a grievance, it is re-presented after a grievance is lodged.
The employer wrongly thinks that the expiry date to present a response is the date 28 days after receiving the second claim. This is understandable as the employer sees one employee bringing a claim to Tribunal and thinks one comprehensive response will cover both claims.
Wrong! As it turns out the Tribunal does not receive a response to the first claim, enters a default judgement and awards a £16k award to the employee at the remedies hearing. The employer is debarred from defending as no response has been submitted.
£16k is quite a sum for a small, 4 employee Company. Needless to say, the employer appeals and wins its appeal.
The message from the case is read Tribunal correspondence very carefully as otherwise the Tribunal can enter default judgement if a deadline is inadvertently missed.
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