North Tyneside Primary Care Trust v Aynsley & Others - How does employer challenge strike out of response, especially following an unless order?  EAT
When a Respondent challenges an automatic strike-out following its default to provide a response to a claim as required by an "unless order", the Employment Tribunal must consider the position under Rule 10(2)(n) of the 2004 Employment Tribunal Rules of Procedure and not under Rule 34, since there has been no formal determination of the proceedings (unlike where a claim has been struck out) . The effect is likely to be that the challenge to the strike out will succeed with the employer being allowed to proceed with its defence of the claims.
Another case set against the backdrop of the ongoing equal pay claims in the North East.
This group of claimants comprised 214 nurses. The Trust's response to their claims was struck out for failure to comply with an Unless Order. It was ordered to provide various information about alleged potential comparators but, it having failed to do so a number of times, the tribunal eventually issued the Unless Order: on the last day for compliance the Trust provided a small amount of information, but by and large had still failed to comply. However a good deal of material was still available.