[2005] ICR 1647, EAT on the 29th July 2005 (also reported at [2005] IRLR 836)
NOTES
Sodexho Ltd v Gibbons EAT on the 29th July 2005, reported at [2005] ICR 1647 (and also at [2005] IRLR 836)
The full text of this judgment is available free of charge on the EAT website.
Authority for the propositions that:-
- justice is paramount and therefore a rigid legalistic interpretation of the employment tribunals' rules of procedure by employment tribunals in a way which might not serve the interests of justice should be discouraged; and in particular
- a strike out under Rule 20(4) of the 2004 employment tribunals' rules of procedure counts as a "judgment" and is therefore reviewable under Rule 34(1)(b)
- the reference to an "administrative error" in Rule 34(3)(a), which can be corrected on review, includes an error by the parties as well as one by tribunal administrative staff
For relevant general notes see:
Procedure of Employment Tribunals/overriding objective and/or Procedure of Employment Tribunals/2004 rules/rule 34 - review of other judgments and decisions and/or Procedure of Employment Tribunals/2004 rules/rule 10 - general power to manage proceedings and/or Procedure of Employment Tribunals/2004 rules/rule 28 - orders and judgments and/or Procedure of Employment Tribunals/a general introductory note
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prepared Aug2005