IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM AN EMPLOYMENT APPEAL TRIBUNAL
(His Honour Judge Wilcox))
Strand London WC2 Friday, 21st December 2001 |
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B e f o r e :
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SHAMIN BARI | Claimant/Applicant | |
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LONDON BOROUGH OF WALTHAM FOREST | Defendant/Respondent |
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Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
The Respondent did not appear and was unrepresented.
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Crown Copyright ©
Friday, 21st December 2001
"13.In my judgment, Mrs Bari should not be given permission to reinstate the earlier applications for permission to appeal which were dismissed just over a year ago. It does not appear to me, from reading the decision of the Employment Tribunal on her unfair and wrongful dismissal claim, that there was any error of law. The tribunal found as a fact that she had been dismissed in accordance with the local authority's procedure relating to early retirement on the ground of ill health. It found that there had been no unfair failure to follow the applicable procedure and no breach of duty in failing to consult her further before terminating her employment on that ground. I agree with the judgment of Judge Peter Clark in the Appeal Tribunal that there was no arguable error of law in the Employment Tribunal's decision.
14.In those circumstances I refuse to reinstate the applications for permission to appeal. There is no real prospect of them succeeding."