Strike-out overturned in Forrest v Amazon: EAT reaffirms fair trial standards

In the recent case of Forrest v Amazon Web Services, the Employment Appeal Tribunal (EAT) upheld the Claimant’s appeal against a decision to strike out his claim for failing to comply with an order to provide a list of issues by a set date.

The EAT confirmed that the original Tribunal had erred in striking out the Claimant for non-compliance, as they had not considered an unless order or whether a fair trial was still possible without the provision of the list of issues.

The EAT therefore has found that even if a party ignores an order a Tribunal must still consider whether a fair trial is possible and if so, the case should continue in the normal way. If a fair trial is not possible without compliance with the order, a Tribunal should issue an unless order before striking out a claim for non-compliance.

This case reaffirms the position that a strike out should be the last resort and a Tribunal must exhaust all possibilities to secure compliance, giving litigant in person more opportunity to comply and more support.

Facing a complex employment claim? We can help you navigate procedural compliance and protect your case strategy. Contact our Employment team for expert representation.

This article was written by Gabrielle Scriven.