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Radford v Teeside University - Review in interests of justice where representative is not truthful [2011] EAT

Where a tribunal makes a decision in a case in a claimant's absence, where that absence is the result of a representative failing to tell the truth, it is likely to be in the interests of justice that a Review of that decision take place.

Professor Redford brought claims for constructive unfair dismissal, as well as age and sexual orientation discrimination, in the employment tribunal. She was represented by a Mr Cuttle, whom she warned in August 2010 that she would be on holiday in Cuba in January 2011. In December 2010 the tribunal fixed the hearing for 24th January 2011; when Mr Cuttle told Professor Radford she reminded him she was away. He promised to get a postponement and told her to go on holiday.

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