Castlemilk Group Practice v Chakrabarti - Tribunal should not have taken the "draconian step" of striking out an employer's response to claims [2009] EAT

In March 2007 Dr Chakrabarti, a GP,  brought unfair dismissal and age discrimination claims against the Castlemilk Group Practice.  The Practice refuted the unfair dismissal claim on the basis that Dr Chakrabarti had been a partner not an employee and the age discrimination claim on the basis that he had agreed to retire at age 60.   The claim, including for loss of pension rights, was for an amount in excess of £300,000.

The tribunal hearing began in October 2007 but was adjourned after a day and a half to give the Castlemilk Group Practice more time to prepare (a wasted costs order was made against them to cover the 1 1/12 days).   Between then and June 2008 there were various delays caused by Castlemilk Group Practice and notably by their legal advisers.  On 16th June 2008 the employment judge in charge of the case granted an application by Dr Chakrabarti to strike out the Castlemilk Group Practice response.

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