The matter was due to come on for preliminary hearing. The respondent’s solicitor was summoned to a medical appointment only the evening before. She attended the tribunal, but left before the case was called on. There was a dispute as to whether this had been with or without the consent of the applicant’s representative. The case was heard in her absence. The respondent applied for a review, but it was refused. The tribunal had erred, since it failed to make a proper enquiry as to the circumstances behind the absence of the respondent’s representative, and further their extended reasons failed to meet the appropriate standards.
Judges:
The Honourable Mr Justice Charles
Citations:
EAT/1064/00, EAT/1063/00, [2001] UKEAT 1063 – 00 – 0305
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Priddle v Fisher and Sons CA 1968
The appellant had arranged to be represented at an industrial tribunal hearing by a trade union representative with whom he intended to travel to the hearing. However, unfortunately the union representative was unwell on the day of the hearing and . .
Cited – Harber v North London Polytechnic CA 1990
A representative’s decision to withdraw a complaint of unfair dismissal was consequent upon the Tribunal Chairman putting the wrong question about continuous employment to the representative. Balcombe LJ said: ‘In other words, if there is a mistake . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 July 2022; Ref: scu.168192