The Tribunal dismissed the appellant’s claims of unfair dismissal and race discrimination as they decided he had failed to comply with an unless order dated 3 October 2022.

Lord Fairley allows the appeal as the order of 3 October 2022 was not an unless order under Rule 38, but was instead a case management order under Rule 29. The appellant had also exercised his right to ask for an oral hearing as he was entitled to because he had received a Rule 37 strike out letter; however there was no hearing before his claims were dismissed. These errors made the ET's judgment procedurally incompetent so it was set aside and the case remitted.