The Claimant brought a claim for unpaid wages. At the hearing, she gave evidence and then the Appellants' representative gave evidence, and two other witnesses for the Appellants were in the Tribunal room during the evidence. The Claimant subsequently overheard conversations between the Appellants' representative and the other witnesses, and her legal representative succeeded in having the Appellants' defence struck out. The Appellants appealed.

The EAT held that the ET was not entitled to strike this claim out, since there was no basis for holding that the Appellants' legal representative or the other witnesses had behaved unreasonably. Accordingly, the matter would be remitted to a fresh ET.