Legal News

Reconsideration may remedy inability to present case due to representative’s default (Phipps v Priory Education Services)

Published on: 14 June 2023

Table of contents

  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Relevant law
  • Background facts
  • The decision of the employment tribunal
  • The decision of the EAT
  • What did the Court of Appeal decide?
  • Case details

Article summary

Employment analysis: The general rule that a party to tribunal proceedings cannot rely on the default of their representative as the basis for an application for reconsideration is not a blanket rule. In the exceptional circumstance where a party has not had a fair opportunity to present their case, that is a significant procedural shortcoming which may be appropriately dealt with by reconsideration, according to the Court of Appeal.

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