Quashie v Methodist Homes Housing Association (Practice and Procedure : Right to be heard)

After the conclusion of an oral hearing in a claim for unfair dismissal the Employment Tribunal directed that the parties lodge written submissions. The Claimant prepared submissions and served them on the Respondent but for some reason or mishap, they were not sent to the Employment Tribunal.

The right of a party to make submissions on points of fact and law in an Employment Tribunal is an important right to ensure a fair hearing and is expressly provided for by rule 27(2) of the Employment Tribunal Rules of Procedure . Very good cause must be shown before a litigant is deprived of that right.

The Employment Tribunal appeared not to have asked itself the correct question (�what was the reason for the absence of the submission?�) but asked itself instead why the Claimant had decided not to file one.

Although the decision to proceed in the absence of enquiry was a case management decision, it had led to a breach of natural justice. The Employment Appeal Tribunal would not overturn a decision based upon a breach of natural justice unless it could be shown that the breach was not simply technical and that the party concerned had suffered something which was �seriously irregular and unfair�; Mayo‑Deman v Lewisham College [2003] UKEAT/0104/02, BAILII: [2003] UKEAT 0104_02_0812 , applied.

The Claimant did not have to prove that consideration of the submissions would definitely have led to a different conclusion; it was sufficient that the Claimant had demonstrated that there was a real possibility that consideration of the submissions may have led to a different result. It was impossible on the facts of this case to say that the result would have been the same in any event had the submissions been considered.