Tribunal error leads to appeal in employment case

Background of the Case

The Employment Appeal Tribunal (EAT) recently addressed a procedural error in the case of Mrs M Griffiths against Scarista Limited, KKR Private Credit Opportunities Partners LP, and Alcentra Limited. The case revolved around the Employment Tribunal's handling of a claim withdrawal and subsequent judgment issuance, which led to an appeal by Mrs Griffiths.

Initial Proceedings

The case originated from a preliminary hearing held on 15 December 2022, where Employment Judge (EJ) J Burns reserved his judgment, indicating it would be issued on 19 December 2022. However, the parties reached a settlement on 17 December 2022, and Mrs Griffiths withdrew her claims via email on 18 December 2022.

Procedural Error

Despite the withdrawal, the Employment Tribunal issued a substantive judgment on 19 December 2022, dismissing claims against two of the three respondents. This judgment was later published, prompting Mrs Griffiths to appeal, arguing that the Tribunal erred by not treating her claims as withdrawn and dismissed.

Employment Appeal Tribunal's Findings

The EAT, presided over by Judge J Keith, found that the EJ failed to adhere to procedural rules, specifically Rule 51 of the Employment Tribunals Rules of Procedure 2013, which mandates that a claim is dismissed upon withdrawal. The EAT noted that the EJ's decision to issue a judgment after the withdrawal was a procedural error.

Consideration of Withdrawal

Judge Keith highlighted that Mrs Griffiths' withdrawal of her claims effectively ended the proceedings. The EJ's failure to acknowledge this withdrawal and subsequent issuance of a judgment was deemed inappropriate. The EAT emphasised the importance of respecting the procedural framework set out in the Tribunal rules.

Appeal and Reconsideration

Mrs Griffiths' appeal was granted permission by His Honour Judge Beard on 17 April 2024. The appeal focused on the procedural irregularities and the EJ's refusal to reconsider the judgment. The EAT concluded that the procedural error warranted a reconsideration of the substantive judgment.

Outcome of the Appeal

The EAT decided to set aside the EJ's substantive judgment and dismissed Mrs Griffiths' claims against all respondents upon her withdrawal. The Tribunal's decision to publish the judgment was also overturned, recognising the procedural error and the appellant's right to withdraw her claims.

Implications for Employment Law

This case underscores the critical importance of adhering to procedural rules in employment tribunal cases. It highlights the necessity for tribunals to respect claim withdrawals and the procedural framework governing such actions.

Learn More

For more information on employment law, see BeCivil's guide to UK Employment Law.