Power to review

Case 8: The facts

A tribunal ordered that Mr Gibbons had to pay a deposit of £500 in order to continue with his unfair dismissal claim, on the grounds that it had little prospect of success. But Gibbons’ solicitor did not receive the order in time because Gibbons had given the wrong postcode, and the tribunal struck out his claim.

The tribunal then revoked its own decision to strike out the claim, having received an explanation from the solicitor and a request for a review of the decision. The rules of procedure give a tribunal power to review a judgment on a number of grounds, including administrative error and the interests of justice.

The employer appealed, on the grounds that Gibbons could not rely on his own mistake and that the tribunal did not have the power to review because the decision had not been a “judgment”.

The ruling

The Employment Appeal Tribunal held that the tribunal had been correct in reviewing its decision. It confirmed that the order to strike out the claim for non-payment of the deposit had been a “judgment”, and that administrative errors can include those made by the parties themselves as well as by tribunal staff.

The chair was also entitled to review the decision and revoke the order in the interests of justice.

Sodexho Ltd v Gibbons UKEAT/0318,0319 & 0320/05 ([2005]IRLR 836)