In person For the v Miss I Ferber - Counsel — 2019

On 10 December 2018 Employment Judge Ord reconsidered the tribunal's own-motion strike-out judgment dated 28 August 2018 and revoked it, so case 3304049/2018 proceeded. This decision was procedural and did not determine the merits of the claimant's complaints of unfair dismissal and automatic unfair dismissal under s.125 of the Trade Union and Labour Relations (Consolidation) Act 1992.

The earlier strike-out had been made because the tribunal did not then have the email material showing how the claimant's union had dealt with three February 2018 ET1 forms. At the reconsideration hearing, Mr Nash attended for the claimant's union, produced a statement, and disclosed the email. The email said that the first two claims were to be withdrawn and that the latest ET1 should be amended to include unpaid notice and holiday pay. The tribunal accepted Mr Nash's evidence that the purpose was to avoid confusion by allowing one claim form to continue, not to abandon the current claim.

The judge held that rule 52 of the Employment Tribunal Rules of Procedure 2013 did not apply because these proceedings were already on foot when the earlier claims were withdrawn. Even if rule 52 had applied, the email was read as reserving the right to proceed with the third claim. Taking account of the claimant's length of service, the potential value of the claim, and the fact that alternative employment did not make the complaints academic, the tribunal found that reconsideration and revocation were in the interests of justice. The final hearing was then listed for 16 to 18 September 2019, with directions on witness statements, audio files and CCTV. No remedy was determined in this judgment.