United Kingdom Employment Appeal Tribunal

BAILII case number: [1993] UKEAT 132_93_0607

Appeal No. EAT/132/93

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 6 July 1993

Before

THE HONOURABLE MR JUSTICE TUCKEY

MRS M L BOYLE

MRS M E SUNDERLAND JP

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MR M KIRK          APPELLANT

MRS M DODDS          RESPONDENT

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellant NO APPEARANCE BY OR

REPRESENTATION ON

BEHALF OF THE

APPELLANT


 


MR JUSTICE TUCKEY: Mr Kirk appeals against a decision of an Industrial Tribunal who, following a hearing in Cardiff on 3 June 1992, found that he had unfairly dismissed the Applicant, Mrs Dodds. The Applicant had been employed by Mr Kirk as a part-time receptionist in his veterinary business and the Industrial Tribunal found that he had dismissed her by letter in which he said:

"...I have to lay off all part-time staff.

I would be grateful therefore if you can confirm your hours and wages due and finish employment some time this week."

The issue before the Tribunal was whether in fact she had been dismissed. Mr Kirk contended that he had merely laid her off temporarily, but they found, having heard evidence from him and the Applicant, that there was a dismissal and accordingly awarded the Applicant compensation.

Mr Kirk's appeal, insofar as it is possible to discern the grounds from the Notice of Appeal and subsequent correspondence with this Tribunal, appears to be based on the fact that new evidence has come to light which shows that the Industrial Tribunal's decision was wrong. He has not appeared today to pursue that appeal and of course this Appeal Tribunal will only admit further evidence in exceptional circumstances. None are shown in the correspondence which we have seen.

There is therefore no prospect of the appeal succeeding and accordingly it is dismissed.