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Bone v Fabcon Projects Ltd - Employer late in submitting response to unfair dismissal claim [2006] EAT

Mr Bone claimed unfair constructive unfair dismissal. Fabcon, his ex-employer, was out of time in submitting its response form because of a delay in receiving the relevant papers from the tribunal. Mr Bone claimed that because Fabcon was out of time he was therefore entitled to a judgment in his favour.

The tribunal refused. It agreed that on a literal interpretation of the rules, Mr Bone was correct but but said that "such an interpretation offends all notions of natural justice".

Mr Bone appealed to the EAT and won a pyrrhic victory.

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