Burmis v (1) Governing Body of Aylesford School (2) Grosvenor (3) Lawson - Review decision was correctly made [2010] EAT

Although not the central point of this case, it is a good illustration of the balancing exercise followed when deciding whether to proceed in a party's absence

This case has been the subject of previous EAT proceedings and has a long and complex history (subscribers should search on "Aylesford" to see these). In brief, teacher Mrs Burmis brought claims of unfair dismissal and sexual and racial discrimination and harassment. In September 2007 an employment tribunal partially upheld her claims: only Mr Lawson succeeded in getting its decision overturned on appeal in October 2008. In 2009 the remaining findings against Mr Lawson were set aside, following a review by the employment tribunal. THis was in unusual circumstances, however. It emerged that Mrs Burmis had lied about a criminal conviction (involving a prison sentence) before the original tribunal.

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