CA-2025-000983 - [2025] EWCA Civ 1457

The appellant was employed as a Contract and Supplier Manager by the respondent. He brought claims in the Employment Tribunal for unfair dismissal and discrimination on grounds of age, race and disability, breach of contract, unauthorised deduction of wages and (subsequently) victimisation. These claims have a somewhat convoluted history, which is unnecessary to set out in this judgment. The story is told in the judgment of Employment Judge Broughton dated 29^th August 2024 which struck out in their entirety such of the claims as had survived to that point. That is the judgment from which the appeal to the EAT is brought. The striking out was on the basis that the appellant had conducted the proceedings unreasonably and was no longer actively pursuing his claims.

The appellant filed a notice of appeal against the striking out of his claims on 17^th October 2024. By an order dated 3^rd February 2025 the EAT ordered that the appeal be set down for a full hearing with a time estimate (including time for judgment to be delivered) of one day. In her reasons for making this order, Employment Judge Susan Walker KC (Hon) said that it was arguable that there had been procedural unfairness because not all of the appellant’s points had been addressed. The appeal is due to be heard in September 2026, i.e. in about 10 months’ time.

We are not concerned with the merits of the appeal and I say nothing further about them. The only question for us is whether there should be an order made now for various adjustments to be made to the usual procedure of the EAT.