Kouchalieva v London Borough of Tower Hamlets UKEAT/0188/18

The EAT held that an employment tribunal is not, in effect, bound to intervene in order to ensure that an unrepresented claimant was aware that her case before the tribunal had not been properly put forward. Both rule 2 of the Employment Tribunal Rules of Procedure 2013 (which sets out the overriding objective applicable to ET procedure) and rule 41 (which provides that the ET may regulate its own procedure and should conduct a hearing in the manner it considers fair) give the ET a wide discretion in the extent to which it intervenes to assist a litigant in person.