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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Fowlers Depositories (Morecambe & Heysham) Ltd v Dixon [1997] UKEAT 1377_96_1302 (13 February 1997) URL: http://www.bailii.org/uk/cases/UKEAT/1997/1377_96_1302.html Cite as: [1997] UKEAT 1377_96_1302 |
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| At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE MORISON (P)
MR D J JENKINS MBE
MR R N STRAKER
(MORECAMBE & HEYSHAM) LTD |
APPELLANT |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
| For the Appellants | NO APPEARANCE BY OR REPRESENTATION ON BEHALF OF THE APPELLANTS |
MR JUSTICE MORISON (PRESIDENT): The purpose of this hearing is to determine whether there is an arguable point of law in Fowlers Depositories (Morecambe & Heysham) Ltd's proposed appeal against a unanimous decision of an Industrial Tribunal, held at Manchester on 16 May and 6 June 1996. The decision which was sent to the parties on 22 July 1996, was that the Applicant was unfairly dismissed and the Respondent was in breach of contract. The net effect of that was that the employee was awarded a grand total of £4,472.80p. This decision was not in Extended Reasons form.
A party has a limited period of time in which to apply for Extended Reasons. They did not apply within the appropriate time limit. It appears to have been their suggestion that they had asked for leave to appeal in time, bearing in mind the date when they said the decision had been sent to them.
The Industrial Tribunal considered that submission and were of the view that they were satisfied that the decision had been sent to the Respondent on 22 July 1996, as the decision itself records.
In those circumstances, no satisfactory explanation having been put forward for the failure to apply for written Extended Reasons in time, we are of the view that the Industrial Tribunal's refusal to provide them cannot be faulted and accordingly, we should dismiss this appeal.
