Tanase v Barchester Healthcare Limited [2023] EAT 84

Appeal against dismissal of claims through failure to comply with an unless order.

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.


Published: 03/07/2023 12:19

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