Chauhan v DDG Windows

An appeal may be dismissed where an appellant persistently fails to comply with procedural directions, including an unless order, despite repeated extensions and opportunities to remedy the default. The Employment Appeal Tribunal’s rules serve both the individual appeal and the orderly administration of its wider caseload. Continued non-compliance may therefore justify dismissal in the interests of justice.

Unreasonable conduct in pursuing an appeal may also justify a summary costs order where it has caused the respondent unnecessary expense.

The appellant had obtained directions for a full hearing of his appeal from an Employment Tribunal decision. He was required to lodge an agreed hearing bundle by a stated deadline, but did not do so or seek an extension.

The Tribunal extended time, made a further order requiring his attendance if he remained in default, and then made an unless order. The appellant neither lodged a bundle nor responded to repeated attempts to contact him.

The central issue was whether the appeal should be dismissed for persistent procedural non-compliance and whether the respondent should receive costs.

1. Appeal dismissed. The appellant had been given every reasonable opportunity to comply with the directions for lodging the hearing bundle. He failed to comply with the original deadline, the extended deadline, the subsequent order, and the unless order. He also failed to attend or communicate with the Tribunal.

2. The Tribunal held that procedural rules do more than organise an individual appeal. They enable the Employment Appeal Tribunal to determine its substantial caseload in an orderly and effective way. Some initial allowance may properly be made for non-compliance, but persistent default after repeated opportunities to comply can justify dismissal in the interests of the administration of justice.

3. The respondent had incurred expense in answering and dealing with an appeal which the appellant had not then pursued in accordance with the Tribunal’s directions. That conduct was unreasonable. On a broad-brush summary assessment, the requested sum was modest. The Tribunal therefore ordered the appellant to pay costs of £1,500.

• Employment Appeal Tribunal: appeal from an Employment Tribunal decision dismissed for persistent non-compliance with procedural directions and an unless order. The citation of the Employment Tribunal decision is not stated in the judgment.