Review hearing

Case 2: The facts

A tribunal directed that Mr Fowler’s former employer could not take part in the proceedings relating to his unfair and wrongful dismissal claim, as it had not submitted a response to the claim. The employer said it had sent a response which the tribunal had not received, but the tribunal chair refused to review her decision.

The ruling

The Employment Appeal Tribunal (EAT) held that the tribunal was wrong not to hold a review hearing or to give the employer the chance to respond at such a hearing.

When reaching a review decision, a tribunal chair must take into account all the relevant facts, which include the merits of the defence as well as the explanation.

The matter was sent back to a new tribunal for a review hearing, but the EAT ordered the employer to pay the claimant’s costs of over £5,000 for the appeal hearing.

British School of Motoring v Fowler UKEAT/0059/06