web updater summary
27 August 2008
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emplaw.co.uk employment law web updater summary 27 August 2008 |
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Summary Information : Jones v Money Expert Ltd - review of judgment where tribunal failed to enforce an order requiring disclosure of documents - EAT 22.8.08 Mr Jones left his employers, Money Expert, and emigrated to Australia. He submitted a claim to an employment tribunal for an unpaid bonus of over £5,000. A case management order was made precluding the employer from relying upon documents which it had not disclosed to Mr Jones. Unsurprisingly, Mr Jones did not attend the tribunal hearing. The employer did attend, with witnesses and, notwithstanding the order, with documents it had apparently not disclosed to Mr Jones. An employment judge dismissed Mr Jones's claim and refused to review that decision. Mr Jones appealed against that refusal. Mr Jones won. The EAT ordered the matter to be returned to the employment judge for him to conduct a review in the light of all documents now disclosed. HHJ McMullen acknowledged that it was not uncommon in short track hearings relating to unlawful deductions of wages for parties to produce at the hearing the evidence they rely on. Allowing this to happen must be subject to orders already made by the tribunal. In this case there had been a case management order for disclosure of documents to Mr Jones, with Money Expert being warned that it should assume it would not be allowed to rely on evidence it had not previously disclosed. |