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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Atkins v Clavering Nursing Home [1997] UKEAT 558_97_0810 (8 October 1997) URL: http://www.bailii.org/uk/cases/UKEAT/1997/558_97_0810.html Cite as: [1997] UKEAT 558_97_0810, [1997] UKEAT 558_97_810

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APPEARANCES

 

For the Appellant	THE APPELLANT NEITHER PRESENT NOR REPRESENTED


 


MR JUSTICE MAURICE KAY: Mrs Atkins seeks to appeal against the decision of the Industrial Tribunal whereby her Originating Application was struck out pursuant to Rule 13(2)(e) of the Industrial Tribunal Rules of Procedure 1993 on the ground that it is frivolous, i.e., that it has no reasonable prospect of success.

She was seeking to claim unfair dismissal. The Originating Application pursuant to which she made that claim gave as the dates of her employment by Clavering Nursing Home:

"December 1994 to July 1995"

The reason why the Industrial Tribunal dealt with the matter summarily, was that it is apparent on the face of the application that Mrs Atkins did not have the two year qualification period which is prerequisite to succeeding in a claim for unfair dismissal. It seems that this had been explained to Mrs Atkins in correspondence by the Industrial Tribunal, but she nevertheless said that she wished to pursue the complaint "because she considers that the management of the respondents should be scrutinised".

After she had lodged her Notice of Appeal in this appeal tribunal, she was again given some advice by the Registrar of this tribunal to similar effect regarding her prospects of success. We refer in particular to a letter of 4th April 1997.

It is abundantly clear to us that this appeal is as misconceived as was the original application to the Industrial Tribunal. On checking with the administration, it has become apparent that Mrs Atkins knows of today's hearing date, but is said to be out of the country and unlikely to return for some time. We have considered adjourning the matter pending her return, but there would be no point in that. It is utterly without merit, and her appeal is hereby dismissed.