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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Williams v. Allport Ltd [2002] UKEAT 1131_01_2002 (20 February 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/1131_01_2002.html Cite as: [2002] UKEAT 1131_1_2002, [2002] UKEAT 1131_01_2002

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APPEARANCES

 

For the Appellant	No appearance or representation by or on behalf of the Appellant


 


THE HONOURABLE MR JUSTICE HOLLAND

1. In this matter there is an appeal by Mr Williams against a Decision of the Employment Tribunal for London South, the Decision being of 13 August 2001. That Decision was in these terms:

" i The Originating Application be dismissed pursuant to Rule 11(3) of the Employment Tribunals Rules of Procedure 2001.

ii Upon review of that decision such decision is confirmed and accordingly the Originating Application remains dismissed."

2. The Appellant, Mr Williams, has not appeared before us today. He apparently is on his way to the Yemen, in the course of his present employment. He asked for this matter to be dealt with in his absence. In his absence, we have carefully considered the papers, such including his Notice of Appeal and further, the terms of the relevant statutory instrument which is the Employment Tribunals (Constitution etc) Regulations 2001.
3. Our task today is to decide whether this matter falls to be dismissed forthwith, or whether it is appropriate for it to go forward for an inter partes hearing. We have no hesitation in ordering that it goes forward to an inter partes hearing.
4. There are two points that arise, the first is as to the merits of what, on any view, was a draconian Decision by the Tribunal, not to proceed with the hearing, not least when Mr Williams actually had turned up, albeit late.
5. The second matter is the apparent failure of the Tribunal to heed the terms of Regulation 11(3). That provides:

"If a party fails to attend or to be represented at the time and place fixed for the hearing, the tribunal may, if that party is an applicant, dismiss or, in any case, dispose of the application in the absence of that party or may adjourn the hearing to a later date: provided that before dismissing or disposing of any application in the absence of a party the tribunal shall consider his originating application or notice of appearance, any representations in writing presented by him in pursuance of rule 10(5) and any written answer furnished to the tribunal pursuant to rule 4(3)"

Adverting to the papers presently before us, there is no indication whatsoever, that that Tribunal gave his Originating Application any consideration before dismissing it.

6. Therefore, on that second basis, there are, in our judgment, arguable grounds for appeal. It will come back on an inter partes basis; it is Category C; it is plainly a very short matter indeed, no doubt to be disposed of in thirty minutes, and having regard to the nature of it, it would seem to us that some expedition would be justified, so as to enable this matter to come back, if that be the appropriate decision, before the Employment Tribunal at a time when memories are still fresh.