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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Astles v A G Stanley Ltd [1996] UKEAT 1275_95_1904 (19 April 1996) URL: http://www.bailii.org/uk/cases/UKEAT/1996/1275_95_1904.html Cite as: [1996] UKEAT 1275_95_1904 |
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At the Tribunal
HIS HONOUR JUDGE B HARGROVE QC
MR J R CROSBY
MRS P TURNER OBE
JUDGMENT
PRELIMINARY HEARING
Revised
APPEARANCES
For the Appellant NO ATTENDANCE BY OR
ON BEHALF OF THE APPELLANT
JUDGE B HARGROVE QC: In this case no one appears on behalf of the proposed Appellant. At first sight it seemed to us that there was nothing in this matter, but upon closer examination a point has arisen which, although it has not been taken, does seem to us to be one of some concern.
The Tribunal was placed in this difficult position; that no one appeared before them in the sense that the Applicant did not appear, but he was represented. What the Applicant's representative wanted to do was to present evidence without presenting the Applicant, and it seemed to us absolutely correct when the Tribunal said that that is not a possibility where there are such obvious clashes of fact.
Unfortunately, at the end of the hearing, the Tribunal said this in paragraph 7:
"7. Accordingly, in accordance with provisions of Rule 9(3) Second Schedule Industrial Tribunals (Constitution of Rules and Procedure) Regulations 1993 the Tribunal unanimously decided that the applicant's claim should be dismissed."
On our reading of that, it is at least arguable that that rule can only be invoked when there is neither presence of the particular individual nor presence of a representative. There was a representative present on this occasion and therefore, it is arguable (we say no more than that) that the matters under Rule 9(3) were not open to the Tribunal. Upon that point of law and upon that point only, we will permit this appeal to go forward.