(1) Manchester Airports Group PLC (2) Francesca Abbott

Case Summary

This is an EAT appeal against an Employment Tribunal decision striking out the claimant's claims for non-payment of deposit orders. The appeal raised two grounds: (1) that the judge erred in refusing relief from sanctions without considering whether the failure was deliberate and persistent or made a fair trial impossible, and (2) that the judge showed bias against the claimant's representative. The EAT upheld the Tribunal's decision, finding no error of law and no appearance of bias.

The tribunal properly struck out the claims under rule 39(4) for non-payment of deposit orders made on 5 May 2023. The claimant failed to attend the hearing on 9 January 2024 to give evidence and produce the original cheque book stub he had been specifically ordered to produce, and provided only an unsigned, undated witness statement with a cheque book stub copy. Without the claimant's attendance or adequate evidence, there was no reasonable basis for an application for relief from sanctions to succeed.

• •Whether the Employment Tribunal erred in law by striking out claims for non-payment of deposit orders
• •Whether the claimant was entitled to relief from sanctions
• •Whether the judge should have recused himself due to alleged bias against the claimant's representative

Judgment approved by the Court for handing down H Amin v (1) Manchester Airports Group PLC (2) F Abbott © EAT 2026 Page 1 [2026] EAT 63 Neutral Citation Number: [2026] EAT 63 Case No: EA-2024-000229-TH EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 19 May 2026 Before : JUDGE STOUT - - - - - - - - - - - - - - - - - - - - - Between : MR H AMIN Appellant - and - (1) MANCHESTER AIRPORT GROUP PLC (2) FRANCESCA ABBOTT Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Appellant did not attend nor was represented Ms Kirsten Barry (instructed by Eversheds Sutherland (International) LLP) for the Respondent Hearing date: 21 April 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the Court for handing down H Amin v (1) Manchester Airports Group PLC (2) F Abbott © EAT 2026 Page 2 [2026] EAT 63 SUMMARY PRACTICE AND PROCEDURE There was no error of law in the Employment Tribunal’s decisions that: (i) the claimant had not paid deposit orders so that his claims must be struck out under rule 39(4) of the Employment Tribunal; (ii) the claimant should not be granted relief from sanctions; and (iii) the preliminary hearing listed to consider those issues should not be postponed. Nor were the judge’s decisions vitiated by any appearance of bias towards the claimant’s former representative. Judgment approved by the Court for handing down H Amin v (1) Manchester Airports Group PLC (2) F Abbott © EAT 2026 Page 3 [2026] EAT 63 JUDGE STOUT: Introduction 1. The appellant was the claimant in the proceedings below and I will refer to him as such. 2. This is an appeal against the reserved judgment and reasons of the Manchester Employment Tribunal (Employment Judge Holmes) sent to the parties on 16 January 2024 following a hearing on 9 January 2024. 3. By that decis…