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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Malcolm v. Dundee City Council [2004] UKEAT 0070_03_2303 (23 March 2004) URL: http://www.bailii.org/uk/cases/UKEAT/2004/S0070_03_2303.html Cite as: [2004] UKEAT 70_3_2303, [2004] UKEAT 0070_03_2303

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APPEARANCES

 

 

For the Appellant	Mr K Glass, Solicitor Of- Messrs Blackadders Solicitors 30 & 34 Reform Street DUNDEE DD1 1RJ
For the Respondent	Mr D Barrie,Solicitor Of- Dundee City Council Legal Services City Chambers DUNDEE DD1 3BY


 


LORD JOHNSTON:

1. This appeal is taken by the applicant in respect of a decision of the Employment Tribunal sitting in Dundee, principally, upon the ground, that during the hearing, one of the Lay Members, who was plainly not well, fell asleep on more than one occasion, leading to a temporary adjournment. However, that was the only result and the case proceeded to its conclusion without any submissions being made thereanent, or, indeed, any recognition of what had happened.
2. Before us, Mr Barry, appearing for the local authority respondents, accepted that the procedure, in fact, had been out of order and that the appeal had to succeed.
3. In these circumstances we will allow the appeal and remit the matter back to a freshly constituted Tribunal. It was suggested that we should limit the scope of that hearing to the statutory defence being pleaded on behalf of the local authority. While we note that fact, we will make no order in that respect, it being a matter for the lower Tribunal to consider when it convenes.