Source: All England Reporter
Publisher Citation: [2001] All ER (D) 354 (Feb)
Court: Employment Appeal Tribunal
Judge:

Judge Pugsley, Mrs D Palmer and MR G Wright

Representation The appellant did not attend and was not represented.
  The respondent did not attend and was not represented.
Judgment Dates: 28 February 2001

Catchwords

Employment tribunal - Practice - Chairman sitting alone - Complaint including claim which statute requiring be considered by full employment tribunal - Whether chairman sitting alone prohibited from dismissing complaint for applicant's non-attendance - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993, r 9(3), 13(8)(b) - s 4.

The Case

Where s4 of the required a full employment tribunal to hear a case, as in the case of s44 of the it was implicit that an order dismissing a claim for non-attendance under r9(3) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 could not be made by a employment tribunal chairman sitting alone by virtue of r13(8)(b) of those Regulations.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.