Workplace Report (June 2010)

Law - Tribunal procedures

Employment tribunals – the key developments

• A tribunal must consider a number of factors in deciding whether it is in the interests of justice to overturn a strike-out for non-compliance with an “unless” order (case 1).

• A handwritten tribunal claim form should not be rejected just because it is hard to read (case 2).

• Article 6 of the European Convention on Human Rights does not give a claimant the right to have witnesses called for cross-examination in an employment tribunal (case 3).

• It is wrong to refuse a reasonable joint postponement request when the effect is that the parties must instruct new Counsel at the last minute (case 4).

Case details are available at www.employmentappeals.gov.uk (EAT) and www.bailii.org (Court of Appeal).

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