Johnson v Oldham Metropolitan Borough Council UKEAT/0095/13 and UKEAT/0132/13; (2013) EMPLR 035
17 and 18 April 2013
Employment Appeal Tribunal (EAT)
If an ‘unless order' (ie an order that unless a party to proceedings complies with a tribunal's order, the claim or response will be struck out) is not complied with, the claim or response is struck out without the need for a further order.
J alleged constructive dismissal, sex discrimination, disability discrimination and whistle-blowing. The claim, though lengthy (160 pages) was in general terms with no specifics of what J was complaining about. She was ordered to prepare a schedule giving details. Insufficient particulars were provided so an unless order was made. Again, insufficient particulars were provided and the claim was struck out.
J applied for ‘relief from sanction' which was granted and a further unless order was made. After further particulars were provided, the judge concluded that there was substantial compliance with the order and the claim was allowed to proceed. But J was still ordered to revise and clarify the schedule.
The council argued on appeal that the claim should have been struck out. The fact that the tribunal made a further order showed that there had not been substantial compliance. The EAT agreed and the claim was therefore struck out. It was still open to J to apply for relief from sanction and apply to have the claim reinstated, so long as the particulars ordered by the tribunal were now provided.
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