The Claimants pursued claims for national minimum wage, unlawful deduction from wages, notice pay and holiday pay claims. In these long running proceedings, various unless orders were placed on the Claimants and eventually the claims were struck out on the basis the Claimants had failed to comply. The Claimants' application to have the resulting notice of dismissal of their claims struck out was dismissed. The Claimants appealed.

The EAT allowed the appeal. On the findings the EJ himself made, the Judge erred in the exercise of his discretion to refuse the Claimants' applications to have a notice of the dismissal of their claims set aside pursuant to r.38(2) on the grounds that it was in the interests of justice to do so. The Judge found that there had been significant compliance with the provisions of an Unless Order. In addition, the Claimants had previously sent the asserted missing information to the Tribunal and to the Respondent on a number of occasions. Analysis of that which had been sent, and that which the Respondents actually suggested they needed before the case could proceed to hearing revealed that all was before the Tribunal. The Judge failed to consider relevant issues.