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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Shelton v. David Wilson Homes Ltd [2003] UKEAT 0512_03_1311 (13 November 2003) URL: http://www.bailii.org/uk/cases/UKEAT/2003/0512_03_1311.html Cite as: [2003] UKEAT 0512_03_1311, [2003] UKEAT 512_3_1311

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APPEARANCES

 

For the Appellant	APPELLANT NEITHER PRESENT NOR REPRESENTED Submissions in writing.


 


JUDGE McMULLEN

1. This is an application made pursuant to Rule 3(10) following the Registrar's determination under Rule 3(8) dated 16 April 2003 that the Notice of Appeal dated 7 April 2003 disclosed no question of law within the jurisdiction of the Employment Appeal Tribunal pursuant to Section 21 of the Employment Tribunals Act 1996.
2. The Applicant wishes me to deal with the matter on the papers which are before me. The appeal arises from a decision of a Tribunal sitting at Nottingham, Chairman J F McMahon on 14 March 2003. The essential issue for it to determine was whether the application had been made out of time. The Tribunal found that as at May 2002 the relationship between the Respondent and the Applicant no longer existed by operation of law.
3. The Originating Application was presented on 7 January 2003. Section 111 of the Employment Rights Act 1996 and Schedule 3 to the Disability Discrimination Act 1995 provide in differing terms for a limitation of 3 months in respect of the presentation of the claim. For disability claims a more liberal approach is taken based on what is just and equitable. The Tribunal decided that the Applicant was aware of the time limits and had legal advice from solicitors at all relevant times. It found no reason to exercise its discretion.
4. The Applicant appeals against that but I have to say that his grounds of appeal do not indicate any question of law arising from the approach to the exercise of the Tribunal's discretion and to its primary findings of fact. The procedure under Rule 3 is for a judge to consider the Appeal on the papers and if she finds that the case discloses no point of law may make a recommendation to the Registrar. The Registrar has made her own decision. I have looked possibly more fully at the material and my judgment too is that there is no question of law within the jurisdiction of the Employment Appeal Tribunal. Thus no action will be taken upon the appeal. The application from the Registrar is dismissed and her decision that no further action will be taken is upheld. Thus the appeal to the Employment Appeal Tribunal is dismissed.