18 January 2013
Aldwinkle v Adecco (UK) Ltd UKEAT/0208/12/LA, [2013] All ER (D) 27 (Jan)
In a case where the primary source of evidence about means to pay was given by a party in person, their non-attendance might be very or highly relevant to the exercise of the discretion in r 41(3) of Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861). Non-attendance was a relevant consideration, the weight to be given to it on the exercise of the discretion was singularly a matter for the body charged with the exercise of that discretion.
