Bone v Fabcon Projects Ltd - Employer late in submitting response to unfair dismissal claim  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.