The Claimant’s ET claims had been dismissed upon his failure to comply with an unless order that had required that, by the prescribed date, he (1) serve his witness statement, and (2) pay the sum awarded against him by way of an earlier costs order. The ET having refused to set aside the unless order and grant the claimant relief from sanction, the claimant appealed.

The EAT dismissed the appeal. In relation to the witness statement, the ET had not erred in declining to set aside the unless order in circumstances in which there had been a history of non-compliance with orders by the Claimant. The EAT, however, found that the ET had erred in respect of the costs order but that did not impact upon its reasoning and conclusion in respect of the witness statement; its decision in that regard revealed no error of law and meant that the refusal to grant relief from sanction was to be upheld.