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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Roberts v. Skelmersdale College [2002] UKEAT 01_1094_2204 (22 April 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/01_1094_2204.html Cite as: [2002] UKEAT 1_1094_2204, [2002] UKEAT 01_1094_2204

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APPEARANCES

 

For the Appellant	MISS THOMAS APPEARING UNDER THE EMPLOYMENT LAW APPEAL ADVICE SCHEME
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JUDGE A WAKEFIELD

1. The decisions the subject of the appeal (9 July 2001 and (review) 16 August 2001) had the effect that the complaints were dismissed, the complainant (now Appellant) not having attended the hearing on 13 June 2001.
2. The 103 pages of the Notice of Appeal are largely concerned with the merits of the complaints themselves. By reason of the events up to and including 13 June 2000 there has never been a hearing as to the merits.
3. In considering the appeal we therefore concerned ourselves not with the merits of the original complaints and any decision in that regard but only with the issue whether, given the circumstances which had arisen on 13 June, the Employment Tribunal erred in law in dismissing the complaints under Rule 9 (3) of the 1993 Rules "…for his non-attendance" (paragraph 12.4 of the decision).
4. We considered there was an arguable point of law and allow the appeal to proceed to full hearing on this ground, there being no other arguable or relevant ground raised.