Quashie v Methodist Homes Housing Association - Litigant should not lightly be deprived of right to make submissions [2012] EAT

It is a fundamental right of a party to make submissions to the tribunal, and a party should not be lightly deprived of it. If, for example, written submissions are ordered and do not arrive, a tribunal should at least consider telephoning to establish the reason for their absence before proceeding to make a decision. 

Mrs Quashie brought a claim for unfair dismissal after she was dismissed following a scuffle with a fellow employee. At the conclusion of the oral hearing (at which both parties were represented) the Employment Tribunal directed that the parties lodge written submissions. Mrs Quashie's representative prepared these and served them on Methodist Homes, but for some reason they were not sent to the Tribunal but went astray. The Tribunal went on to decide the case based on the submissions of Methodist Homes only.

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