Source: All England Reporter
Publisher Citation: [2002] All ER (D) 145 (Nov)
Court: Employment Appeal Tribunal
Judge:

Recorder Slade QC, Mr D Smith and Mr P Smith

Representation The employee appeared in person.
  Nicholas Siddall (instructed by Eversheds, Manchester) for the employer.
Judgment Dates: 25 September 2002

Catchwords

Employment - Employment tribunal - Procedure - Dismissal of complaint without attendance of employee - Adequacy of tribunal's reasons - Industrial Tribunal Rules of Procedure 1993, r 9(3).

The Case

Rule9(3) of the Industrial Tribunal Rules of Procedure 1993 required, before the exercise of a discretion as to whether to dismiss or to dispose of an application in the absence of a party, that there should be a consideration of the material produced by the absent party. In the instant case, the tribunal had not given adequate reasons as to why, having considered the originating application and other documentation, it considered it appropriate to adopt the course of dismissing the matter.

Practice Areas

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