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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Cuckson v Taylor [1997] UKEAT 735_97_0711 (7 November 1997) URL: http://www.bailii.org/uk/cases/UKEAT/1997/735_97_0711.html Cite as: [1997] UKEAT 735_97_0711, [1997] UKEAT 735_97_711 |
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| At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE MORISON (PRESIDENT)
MR L D COWAN
MS B SWITZER
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING - EX PARTE
| For the Appellant | MR A FULWOOD (of Counsel) Irvings Solicitors 45 Breck Road Anfield Liverpool L4 2QS |
MR JUSTICE MORISON (PRESIDENT): At a tribunal held at Liverpool on 3rd April 1997, a Chairman decided that the applicant's applications of unfair dismissal and sex discrimination should be dismissed. The reason why he took that view was because the complaints had been presented to the Industrial Tribunal out of time.
He dealt with the question of unfair dismissal by reference to the Act. We are not persuaded that in relation to that complaint there is an arguable point of law that he has exercised his judgment incorrectly, or applied the statute improperly.
However, in relation to the exercise of his discretion in relation to the sex discrimination complaint, it seems to us that it is arguable that the Chairman has not properly considered the relevant factors. We therefore grant the applicant leave to proceed to a full hearing on that issue.
The decision of the tribunal is in summary form. The Chairman has refused to extend time for the request for the reasons to be in extended form. It seems to us that we should be prepared to deal with this decision as its stands if the Chairman is not prepared to give an extended reasons decision. I shall ask the case officer who is dealing with this matter to write to the learned Chairman and invite him to give his decision in extended reasoned form which would be of assistance to the Employment Appeal Tribunal. But as I say, it may be that we shall just simply have to proceed on a decision as it stands, which we think we are able justly to do on the facts of this case.
We will not require Notes of Evidence.
