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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Williams v. Carmarthenshire County Council [2001] UKEAT 0444_01_0810 (8 October 2001) URL: http://www.bailii.org/uk/cases/UKEAT/2001/0444_01_0810.html Cite as: [2001] UKEAT 444_1_810, [2001] UKEAT 0444_01_0810 |
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At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE WALL
MR P A L PARKER CBE
MR R SANDERSON OBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING EX PARTE
For the Appellant | MR J T WILLIAMS (The Appellant in person) |
THE HONOURABLE MR JUSTICE WALL
"Mr Williams also sent letters to other persons whom he thought might have authority or influence, but nothing materialised until, as already mentioned, in March this year there was received from his solicitors the originating application which is now before us. This outlines the previous procedural history and concludes with a prayer for justice. So far as it embodies a request to re-open the earlier case, we are not prepared to entertain it, and refer to the two review decisions in that case. [They then refer to other authority.] It has accordingly been listed for a preliminary hearing on two points, but in this decision we need deal with only one of them. The two points were, first, whether we could be satisfied that it was not reasonably practicable for Mr Williams to present his application within the statutory period – and further in that case whether he presented this application within a reasonable time thereafter – and secondly whether Mr Williams is debarred from taking proceedings altogether by the existence on the register of a decision dismissing his application and which there is apparently no procedural means to revoke."
They then go on to say that the second point is entirely technical and they do not propose to deal with it but the first question is:
"… whether one could reasonably expect a man in Mr Williams' position to have brought this application, or an application like it, within the period ending on 30 November 1976, or, to put it roughly, by the end of that year."
After giving a careful analysis of all the facts, the Tribunal came firmly to the conclusion, in 1978, that the application had not been brought within a reasonable time after it came practicable to do so, and that as a consequence the Tribunal could not entertain it.
"1 By a Decision of the Employment Tribunals (formerly Industrial) promulgated on 18 September 1978 the applicant's application for compensation for unfair dismissal was dismissed.
2 By an application presented to the Employment Tribunal on 24 November 2000 the applicant is attempting to raise the matter which was the subject of the Decision of September 1978.
3 By letters dated 28 November, 2000, 22 December 2000 and 25 January 2001 sent to the applicant it was explained to him that the case had been decided and that it was not possible to resurrect it.
4 Every document and letter sent by the applicant to the Tribunal was read.
5 In the letter from the Tribunal dated 25 January 2001 the applicant was warned (conditional upon any argument that he wished to put forward) that the intention of the Chairman was to dismiss the application.
6 In considering the background and facts of the application the Tribunal in pursuit of its powers under Rule 13(2)(e) of the Industrial Tribunal (Constitutions and Rule of Procedure) Regulations 1993 dismisses the application."
"I do not remember receiving a copy of the Form but in the meantime I would like to say that my appeal on Points of Law is – Pace, the Chairman of the Cardiff Tribunal – is that
(1) not enough consideration was given to my appeal
(2) the delay in presenting my appeal has not been my fault
(3) Pace the Cardiff Tribunal Chairman again, he has misinterpreted my reasons for an appeal.
I have never stated that I sought 'Compensation' but I do want to restore my professional reputation: my good name as a Schoolmaster – especially as a teacher of Welsh, after false evidence was presented to the School Governors, without any opportunity for me to rebut the allegations of incompetence made against me. I was not surprised, therefore, that the School governors recommended my dismissal.
I would like to question three witnesses to corroborate my own evidence and I will be willing to be cross-examined in turn. My professional career has been destroyed and I have never been in full-time employment despite many applications for employment, not only in the teaching profession, since I was forced to resign my last appointment."