Strike out!
by Philip
Strike outs are a common sight at baseball games. In UK employment tribunal cases they are about as common as a hat trick in cricket-they happen but not very often. The reason for this is based on the history of the tribunal system-it was designed to be an informal, speedy route to workplace justice, untrammelled either by dusty legal precedent or by tricky legal procedure. The idea was you turned up, had your say, and an industrial jury comprised of both sides of industry made their decision. In the early days legal representation was rare and became common place only after the unfair dismissal compensation bar was lifted to £50k in 1997.In keeping with the supposed informality, employment tribunal work is classed by the Law Society as non-contentious, akin to conveyancing or Company formation work.
The case reported here is a reminder of the old days in that a father represented his son at a hearing but in presenting the case omitted a large (and unfavourable)passage of a medical expert’s report. On finding this out the Employment Tribunal struck out the case, presenting a win to the employer and damage to the father/son relationship.
The EAT, however, have allowed the father’s appeal and overturned the strike out decision, striking a blow for the little man and repairing any damage to the filial relationship.
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