United Kingdom Employment Appeal Tribunal

 


BAILII case number: [1993] UKEAT 388_93_2505

Appeal No. EAT/388/93

EMPLOYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 25th May 1993

Before

THE HONOURABLE MR JUSTICE WOOD MC (P)

MR J RAMSAY

MRS P TURNER OBE

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W E SYKES (HALIFAX) LTD          APPELLANTS

MR P THOMAS          RESPONDENT

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Transcript of Proceedings

JUDGMENT

Revised


 


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APPEARANCES

For the Appellants NO APPEARANCE BY OR ON BEHALF OF           APPELLANTS

For the Respondent NO APPEARANCE BY OR

ON BEHALF OF RESPONDENT


 


MR JUSTICE WOOD (PRESIDENT): This is an appeal by W E Sykes (Halifax) Ltd against a refusal by the Chairman of an Industrial Tribunal to vacate a date fixed for a hearing.

The basis of the application is that two important witnesses will be absent on holiday.

No doubt the date was fixed after the usual notice was sent to the parties asking them what dates were convenient. But in any event if that is not so we are not told so, we merely assume that that is so, and if the date was fixed after that arrangement was made, we can see no error in the exercise of discretion. We are quite unable to have all the facts and circumstances before us which were before the learned Chairman.

The Appellants do not appear and neither do the Respondents. The Respondents objected. An application can be made at the hearing for an adjournment and the learned Chairman, on the day of the hearing, can make up his mind. It may be possible for the case to start and some of the evidence to be heard, we know not. But there is no error in the exercise of the discretion in this case and the appeal is dismissed.