South East Leisure Group Ltd v Vachoumis - Respondent's right to apply for review of decision that it be debarred [2011] EAT

An employment tribunal must consider an application for Review of its decision to debar a respondent due to a late Response; it is no answer to overlooking the application to say that a witness for that party was in any event allowed to address the tribunal at the hearing, and that therefore the Review, even if successful, would make no difference.

Against the background of a transfer of a steakhouse business between SEL and Zaff, an employment tribunal ruled that South East Leisure Group (SEL) had unfairly dismissed Mr Vachoumis.

SEL appealed to the EAT, and the appeal was stayed pending a response from an Employment Judge (EJ) on an application for a Review of a decision to debar SEL for want of filing a proper ET3 response.

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