Aikman v Stubbs: EAT 3 Sep 2001

The claimant made a claim against his former company and its chairman. The company was dissolved before the proceedings commenced. The chairman did not appear, and a finding of unfair dismissal was made against him. The tribunal made no proper attempt to say why a chairman of a limited company should be liable personally. The question arose as to how the issue could be resolved under the regulations so long after the decision. The review should have accepted that the rules allowed an extension of time to enter an appearance where this was required in the interests of justice. In this case the extended reasons for the decision still failed to make it clear that the respondent had been found liable. The case was remitted.
EAT Time Limits –
The Honourable Mr Justice Douglas Brown
EAT/992/00
Employment Tribunals (Constitution and Rule of Procedure) Regulations 1993
England and Wales

Updated: 17 September 2021; Ref: scu.168326