| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 05 (Sep) |
| Court: | Employment Appeal Tribunal |
| Judge: | Douglas Brown J, Lord Davies of Coity and Mr J Shrigley |
| Representation | No appearance by either party. |
| Judgment Dates: | 3 September 2001 |
Catchwords
Industrial tribunal - Procedure - Complaint of unfair dismissal - Complaint failing to specify whether respondent chairman individually or company - Chairman taking no steps because of belief action against company - Employment tribunal finding against chairman personally - Chairman applying for review - Tribunal holding that review not possible as no appearance made - Whether tribunal in error - Employment Tribunals (Constitution and Rule of Procedure) Regulations 1993, r 3(2).
The Case
An employment tribunal had taken too restrictive a view of r3(2) of the Employment Tribunals (Constitution and Rule of Procedure) Regulations 1993 and had failed to weigh in the balance the various factors involving the discretionary exercise. Its decision was therefore overturned.
Practice Areas
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