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Mitie Cleaning & Environmental Services v Challinor - Broad scope of employment judge's discretion, and limited scope for interference on appeal [2012] EAT

The use of discretionary power to review and overturn a decision to strike out an action, even though in the circumstances perhaps not a decision that many employment judges would have made, nonetheless could not be overturned on appeal since it could not be said to be a decision that no reasonable employment judge would have made.

Mr Challinor claimed age discrimination against Mitie Cleaning, who submitted a response and requested that proceedings be transferred to Manchester. Numerous letters were sent to the Mr Challinor's solicitors (Carter Moore) asking for comments, and when no reply was received a letter was sent threatening strike out in the absence of a reply within a certain time. No reply was received and the case was struck out under Rule 18(7)(d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. An application for review was received very late in the day.

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