United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	NO APPEARANCE BY OR ON BEHALF OF THE APPELLANT


 


JUDGE PETER CLARK: The appellant, Mr Forsythe, was employed by the respondent as a driver between 22nd October and 23rd December 1995. Following his dismissal he presented an Originating Application to the Industrial Tribunal complaining that his employer had made unauthorised deductions from his wages.

The matter came on for hearing before a Chairman, Miss V G Wallis, sitting alone at the Ashford Industrial Tribunal on 3rd June 1996. In a reserved decision promulgated with extended reasons on 13th June 1996 the Chairman found the complaint well-founded to the extent that unauthorised deduction totalling £297 had been made. The balance of the claim failed.

Against that decision the appellant appealed by a Notice dated 19th July 1996. The matter came on for preliminary hearing before a division of the EAT presided over by Judge Hargrove QC on 21st November 1997. Prior to that hearing the appellant had failed to respond to a letter from the Registrar dated 21st May 1997 and as a result a complaint of bias contained in the Notice of Appeal was struck out on 9th September 1997.

At the preliminary hearing the tribunal adjourned the appeal to enable the appellant to obtain legal representation. Further, certain questions were put to the Chairman, who responded by letter date-stamped 12th December 1997.

On 30th March 1998 the Registrar wrote to the appellant requiring him to reply within seven days as to whether he had obtained legal representation and whether he intended to pursue or withdraw his appeal. No response having been received the Registrar ordered on 20th April that unless a reply was received within seven days the appeal be set down for disposal. No further communication has been received from the appellant. He has not appeared today at this hearing and in these circumstances we shall dismiss the appeal.