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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Kirk v Dodds [1993] UKEAT 132_93_0607 (6 July 1993)
URL: http://www.bailii.org/uk/cases/UKEAT/1993/132_93_0607.html
Cite as: [1993] UKEAT 132_93_0607, [1993] UKEAT 132_93_607

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    BAILII case number: [1993] UKEAT 132_93_0607

    Appeal No. EAT/132/93

    EMPOLYMENT APPEAL TRIBUNAL

    58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

    At the Tribunal

    On 6 July 1993

    Before

    THE HONOURABLE MR JUSTICE TUCKEY

    MRS M L BOYLE

    MRS M E SUNDERLAND JP

    MR M KIRK          APPELLANT

    MRS M DODDS          RESPONDENT

    Transcript of Proceedings

    JUDGMENT

    PRELIMINARY HEARING

    Revised


     

    APPEARANCES

    For the Appellant NO APPEARANCE BY OR

    REPRESENTATION ON

    BEHALF OF THE

    APPELLANT


     

    MR JUSTICE TUCKEY: Mr Kirk appeals against a decision of an Industrial Tribunal who, following a hearing in Cardiff on 3 June 1992, found that he had unfairly dismissed the Applicant, Mrs Dodds. The Applicant had been employed by Mr Kirk as a part-time receptionist in his veterinary business and the Industrial Tribunal found that he had dismissed her by letter in which he said:

    "...I have to lay off all part-time staff.

    I would be grateful therefore if you can confirm your hours and wages due and finish employment some time this week."

    The issue before the Tribunal was whether in fact she had been dismissed. Mr Kirk contended that he had merely laid her off temporarily, but they found, having heard evidence from him and the Applicant, that there was a dismissal and accordingly awarded the Applicant compensation.

    Mr Kirk's appeal, insofar as it is possible to discern the grounds from the Notice of Appeal and subsequent correspondence with this Tribunal, appears to be based on the fact that new evidence has come to light which shows that the Industrial Tribunal's decision was wrong. He has not appeared today to pursue that appeal and of course this Appeal Tribunal will only admit further evidence in exceptional circumstances. None are shown in the correspondence which we have seen.

    There is therefore no prospect of the appeal succeeding and accordingly it is dismissed.

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URL: http://www.bailii.org/uk/cases/UKEAT/1993/132_93_0607.html