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British School of Motoring v Fowler - Extension of time and costs [2006] EAT

Due to a muddle, BSM failed to respond to a unfair and wrongful dismissal clams made by Mr Fowler, ex-manager of their Reading branch. A tribunal chairman rejected their application, made by letter, for a review which might allow them to respond out of time. The tribunal chairman did not allow them an opportunity to attend a hearing.

The EAT overruled that rejection and sent the matter for a full review hearing by a different employment tribunal - but required BSM to pay Mr Fowler's costs of the appeal totalling £5,509.

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