Order to strike out

Case 8: The facts

After issuing a claim for disability discrimination, Mr Criddle failed to attend a directions hearing and did not comply with the tribunal's directions in respect of case management. The tribunal ordered him to pay the employer's costs relating to his unreasonable conduct, advising him that his claim would be struck out if he did not comply. He did not comply, and his claim was struck out.

The ruling

The Employment Appeal Tribunal held that the tribunal could not strike out Criddle's claim over the costs order. The order was made under the old rules of procedure, and the sanction to strike out without a further hearing is allowed only by the new rules. A tribunal cannot apply a sanction from one set of rules to a failure to comply with the other.

Criddle v Epcot Leisure UKEAT/0275/05