Strike Out For Non-Compliance

• Published date: 06 December 2021
• Subject Matter: Employment and HR, Employment Litigation/ Tribunals
• Law Firm: Trowers & Hamlins
• Author: Ms Emma Burrows and Nicola Ihnatowicz

The Employment Appeal Tribunal (EAT) has held in the case of Emuemukoro v Croma Vigilant (Scotland) Ltd that a tribunal is entitled to strike out a response when, due to the respondent's non-compliance, it is no longer possible to conduct a fair trial.

The tribunal struck out the respondent's response on day one of a five-day hearing as it had not complied with tribunal orders. This resulted in it not being possible to hold a fair trial within the allocated window for the hearing. The respondent had failed to prepare witness statements and produced a bundle that was missing many of the relevant documents.

The respondent appealed the decision arguing that strike out should only happen when a fair trial was impossible, but the EAT disagreed. It had that the tribunal was entitled to strike out in these circumstances rather than taking the decision to adjourn the hearing.

The respondent appealed the decision...