Meaning of "determination of proceedings" - Secretary of State for Business, Energy and Industrial Strategy v Parry [CA] 28.03.18 (Unreported)

Tue, 03 Apr 2018

An employment tribunal's rejection of a claim under the Employment Tribunals Rules of Procedure 2013 r.12(1)(b), on the basis that it was not in a form that could sensibly be responded to or was otherwise an abuse of process, was not a "determination of proceedings" to which the Employment Tribunals Act 1996 s.7(3AA) and/or s.7(3B) applied. Rather, it was recognition of the fact that no valid proceedings had ever been commenced. Accordingly there was nothing in s.7(3A) to s.7(3C) that rendered any of r.12(1) to r.12(2) ultra vires.

Category: Employment »  Tribunal procedure. Keyword(s): Claim forms; Ultra vires. Area(s) of law: Employment; Public Sector.
Source: [2018] EWCA Civ 672


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