Thompson v. Reading Borough Council

An appeal rendered redundant by subsequent events may be dismissed on withdrawal. The Employment Appeal Tribunal may encourage conciliation, but should not formally recommend or require it where the respondent is absent and there may be reasons why further conciliation would be futile. A formal order is unnecessary for direct negotiations between the parties.

The claimant appealed against an Employment Tribunal case-management decision refusing, at that stage, to postpone a case-management discussion and a four-day merits hearing pending her appeal against an earlier jurisdiction ruling. The underlying claim concerned constructive unfair dismissal and race discrimination.

Before the appeal was heard, the Employment Tribunal postponed the April hearing, making the present appeal redundant. The claimant agreed that it should be dismissed on withdrawal. The remaining issue concerned whether the Tribunal should trigger or recommend ACAS conciliation in the related outstanding appeal.

1. Disposition. The appeal had become redundant because the April hearing had been postponed. It was therefore dismissed on withdrawal.
2. Conciliation. The Tribunal was in principle favourable to a further attempt at conciliation and strongly encouraged the respondent to agree to an order under paragraph 10.3 of the Practice Direction, which would make ACAS’s services available in the related appeal.
3. Because the respondent was not present, and there might be good reasons why further conciliation would be futile, the Tribunal declined to make a formal recommendation or requirement that would trigger the ACAS arrangement.
4. The practical effect of any such order would be to make ACAS conciliation available, rather than compel the parties to participate. Direct negotiation should ordinarily be attempted first where it is possible, and requires no order from the Tribunal.

• Employment Tribunal, Reading: on 24 August 2009, ruled that it had no jurisdiction over parts of the discrimination claim concerning acts before January 2008. The claimant appealed that ruling separately.
• Employment Appeal Tribunal: dismissed the present appeal on withdrawal after the postponed hearing made it redundant.