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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Swinbourne v. Birmingham City Council [2000] UKEAT 681_00_2510 (25 October 2000) URL: http://www.bailii.org/uk/cases/UKEAT/2000/681_00_2510.html Cite as: [2000] UKEAT 681_00_2510, [2000] UKEAT 681__2510 |
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At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE CHARLES
MR B V FITZGERALD MBE
MS B SWITZER
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT |
MR JUSTICE CHARLES:
"(4) The reasons for a decision of the tribunal shall be given in summary form except where -
(d) the tribunal considers that reasons given in summary form would not sufficiently explain the grounds for its decision."
"I refer to your Notice of Appeal dated the 20th March 2000 which you seek to lodge with this Tribunal.
The Employment Tribunal decision you submitted in support of your appeal is only in summary form, and I should explain that in order for the appeal to proceed here you must file a copy of the extended written reasons of the Employment Tribunal in accordance with the requirements of Rule 3(1) of the Employment Tribunal Rules 1993.
I would draw your attention to the matter of William Hill Organisation v A Gavas (EAT/645/88) in which the EAT stated that without extended written reasons an appeal cannot properly continue, and upon appeal to the Court of Appeal the view of EAT was upheld.
The time for applying for the extended written reasons is set out in the Explanatory notes sent with the Employment Tribunal decision. In the event of your request for the extended written reasons being refused, you may make an appeal to the EAT against that refusal. The appeal must be made within 42 days of the date of the refusal letter and be supported by a copy of the refusal letter. The matter will then be set down for a preliminary hearing.
You should enclose a copy of this letter when making your application to the Employment Tribunal."
"Thank you for your letter received at this office on 12th April 2000 the contents of which are noted.
I am directed by a Chairman (Mr S Ahmed) to say that under Rule 12(4)(c) a request for extended reasons must be made within 21 days of the summary reasons being sent. The decision with summary reasons was sent to the parties on 22nd December 1999 and the applicant is therefore considerably out of time for making her request. The Chairman has considered the request and does not consider it appropriate to issue extended reasons out of time unless ordered by the EAT to do so.
I am copying our exchange of correspondence as indicated below."
That letter contains a typing error in that it refers to Rule 12(4)(c) as opposed to Rule 10(4)(c).
"(5) After the hearing I was informed by a barrister in January 2000 that I could appeal. I requested the documents from Anthony Collins which I received on the 11th February.
(6) I wrote to the Equal Opportunities Commission who informed me that I would need extended reasons (18 Feb). I wrote to the Industrial Tribunal requesting the extended reasons. After receiving no response I telephoned the Industrial Tribunal and was informed they hadn't received the documents. On the 28th March I received a letter from the Industrial Tribunal which informed me that they had received the documents on the 1st March. The Industrial Tribunal referred me to the EAT Re: An appeal.
(7) From March till I received Mr Ahmed's decision in May I spoke to the Industrial Tribunal. I was informed of the following:
- That the Chairman was preparing the Extended Reasons. Copies would be sent to all parties.
- That the correspondence had to be put with my file which was downstairs."