United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 284_94_1402

Appeal No. EAT/284/94

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 14 February 1996

THE HONOURABLE MR JUSTICE MUMMERY (P)

MRS M T PROSSER

MISS S M WILSON

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KLEINWORT BENSON LTD          APPELLANTS

MR C LOCKE          RESPONDENT

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellants NO APPEARANCE BY OR ON BEHALF OF           APPELLANTS


 


MR JUSTICE MUMMERY (PRESIDENT): This is an appeal from the decision of the Industrial Tribunal held at London (South) as long ago as 22 September 1993. The Tribunal heard a complaint of unfair dismissal by Mr Christopher Locke against Kleinwort Benson, by whom he had been employed as an Operations Shift Leader. On 2 February 1994, the Tribunal notified the parties of the extended reasons for their decision that Mr Locke's dismissal was unfair. Kleinwort Benson appealed against that decision. Their Notice of Appeal was served on 16 March 1994.

The case was listed in this Tribunal for a Preliminary Hearing, which took place on 19 July. The order made at that hearing was that the appeal should be allowed to proceed to a full hearing and a direction was given for the production of the Chairman's Notes of Evidence. On that occasion Kleinwort Benson were represented by a solicitor, Mr Dalgarno.

Nothing happened for a long time. A letter was sent on 8 September 1995 by the solicitors for Kleinwort Benson, informing the Tribunal that, for commercial reasons, their client had decided not to pursue the appeal, which had been listed for hearing on 21 September. They gave notice of withdrawal and apologies for inconvenience. A letter was sent by the Registrar, in accordance with the usual practice of this Tribunal, informing the Respondent, Mr Locke, that the appeal was being withdrawn, and asking if he would inform the office within 14 days, whether he consented to the withdrawal of the appeal. He did not reply to that letter. He was sent a letter on 8 September, and another letter on 20 September, enclosing the earlier letter. He did not reply. On 28 November yet another letter was written, asking whether he would consent to the withdrawal of the appeal. It was stated that, if no reply was received within 7 days, the appeal would be set down for disposal.

The position today is that no reply has been received. Nobody has attended on either side. In view of that correspondence from Kleinwort Benson's solicitors and the failure of Mr Locke to respond, the proper order is that the appeal will be dismissed.