The Claimant was dismissed by the Respondent on grounds relating to her alleged performance and conduct during her probationary period. She brought claims including wrongful dismissal and race discrimination and, at a preliminary hearing, the ET ordered her to provide further information regarding her claims. No response was received from the Claimant by the deadline, and so her claims were struck out under an unless order. The Claimant successfully applied to the ET to set aside the unless order, on the basis that she had not received the previous communications. The Respondent appealed on grounds including that the ET had erred in its assessment of the seriousness of the Claimant's default and in its assessment of whether a fair trial was still possible.

The EAT held that the ET's decision was vitiated by a lack of adequate reasoning, and the order setting aside the unless order should itself be set aside. Accordingly, the matter would be remitted to the same ET to be reconsidered afresh, including the question of whether the Claimant was in default and, in turn, the issue of when she received the relevant orders.