United Kingdom Employment Appeal Tribunal

BAILII case number: [1994] UKEAT 663_93_2204

Appeal No. EAT/663/93

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 22 April 1994

Before

HIS HONOUR JUDGE J PEPPITT QC

MS S C CORBY

MR J H GALBRAITH CB

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INDOOR CRICKET PAVILIONS (UK) LTD          APPELLANTS

T/A BALL PARK LEISURE

MISS J NIBLETT          RESPONDENT

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Transcript of Proceedings

JUDGMENT

Revised


 


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APPEARANCES

For the Appellants MR R A MANCA

(MANAGING DIRECTOR)

Indoor Cricket Pavilions (UK) Ltd

Unit 2/3 Carlton Drive

Porterfield Trading Estate

Cradley Heath

West Midlands B64 7BJ

For the Respondent THE RESPONDENT IN

PERSON


 


JUDGE PEPPITT QC: This is an appeal from a decision of the Birmingham Industrial Tribunal who on the 14 June 1993 held unanimously that the Applicant had been dismissed unfairly by her employers. The employers now appeal against that decision, represented by their Managing Director, Mr Manca. Mr Manca came before us anxious to argue that there was evidence which should have been called before the Tribunal, which was not called, and that there was evidence called on behalf of Miss Niblett which should have been challenged on grounds of inaccuracy.

We pointed out to Mr Manca that the only circumstances in which we were entitled to interfere with a decision of an Industrial Tribunal was if that Industrial Tribunal had made an error of law, either by misapplying the law or by finding facts in relation to which there was no evidential foundation. Mr Manca very candidly accepted that his submissions did not go to either issue and that accordingly he could not urge the matter any further.

In our judgement, there was abundant evidence upon which this Tribunal could have acted to reach the conclusion which it did. In those circumstances this appeal must be dismissed.