Mr V Riekstins

Case Summary

This EAT appeal concerns procedural errors in an Employment Tribunal case where the claimant successfully claimed unpaid wages and failure to provide written employment particulars. The appeal challenges the Tribunal's dismissal of a reconsideration application and procedural impropriety, including failures to serve all parties with correspondence and confusion over the correct employer respondent. The EAT found the Employment Tribunal erred in dismissing the reconsideration application without following mandatory procedural stages and remitted the matter.

The Employment Tribunal failed to undertake the mandatory stages required for determining a reconsideration application under the Employment Tribunal Rules. The Tribunal merely stated the application was out of time or that the subject matter was before the EAT, without providing adequate reasoning or considering the procedural impropriety issues that had arisen, including failures to provide all relevant correspondence, communication failures through incorrect email addresses, and questions about whether the appellant CSS had a fair and proper opportunity to present its case.

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• •Whether the Employment Tribunal erred in dismissing an application for reconsideration
• •Procedural impropriety in failing to provide all relevant correspondence to the appellant
• •Whether the hearing proceeded in the absence of the appellant and failure to consider reconsideration application
• •Naming of respondents and identification of correct employer
• •Communication failures and use of incorrect email addresses
• •Whether respondent had fair opportunity to present case
• •Adequacy of written reasons for refusal of reconsideration

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