Service on solicitors

Shah v Haden Building Management Ltd EAT TLR 2 November

The employee made an application to the industrial tribunal based on allegations of race and sex discrimination against the defendant. Although, upon making an application to the tribunal on behalf of the employee, solicitors had stated in a letter to her former employer’s solicitors, which had been seen by the tribunal, that they had not received formal instructions and the correspondence should be sent directly to her, they had in fact acted in other respects, as if they were the employee’s authorised representatives. In these circumstances, notice of a pre-hearing review had been properly served on them and there was no other reason to interfere with the tribunal’s decision to strike out the application for non-compliance with two earlier orders of the tribunal.