United Kingdom Employment Appeal Tribunal

BAILII case number: [1994] UKEAT 681_93_0610

Appeal No. EAT/681/93

I N T E R N A L

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 6 October 1994

Before

THE HONOURABLE MR JUSTICE MUMMERY (P)

MR J D DALY

MR J C RAMSAY

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MR A NEWBURY          APPELLANT

ARCADE MOTORS LTD          RESPONDENTS

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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 MUMMERY (PRESIDENT): This is an appeal against the decision of the Industrial Tribunal held at London North on 8 June 1993. For the Full Reasons sent to the parties on 27 July 1993 the Tribunal held that Mr Newbury's dismissal by the Respondents, Arcade Motors Ltd, was fair. Mr Newbury was dissatisfied with that decision and appealed by Notice of Appeal dated 24 August 1993. His grounds of appeal were that the Industrial Tribunal reached an unreasonable conclusion on the facts, that a proper investigation had not taken place by the Respondents, that relevant enquiries had not been made, that no notes of final proceedings leading to his dismissal were made and that he had no chance to atone and was summarily dismissed without being reminded of his right to appeal.

The matter was listed for hearing. A letter was received from the representatives of Mr Newbury saying that they were without instructions and no longer able to represent him in the case. Mr Newbury himself has not, despite being told of the situation with his legal advisers, instructed either them or other representatives and he has not attended the hearing of the appeal today.

In those circumstances his appeal will be dismissed for failure to prosecute.