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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Kavanagh v Seltzer Drinks Co [1999] UKEAT 651_98_0102 (1 February 1999)
URL: http://www.bailii.org/uk/cases/UKEAT/1999/651_98_0102.html
Cite as: [1999] UKEAT 651_98_102, [1999] UKEAT 651_98_0102
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| At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MR D CHADWICK
MR P DAWSON OBE
MR R KAVANAGH APPELLANT
SELTZER DRINKS CO RESPONDENT
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
| For the Appellant | The Appellant neither present nor represented |
HIS HONOUR JUDGE CLARK: This case was listed for a preliminary hearing on 16 October 1998 before a Tribunal on which I sat. On that day a telephone message was received from the Appellant to say that he had broken down on the motorway and would not be able to attend the hearing. He sought an adjournment and that application was acceded to. On 27 October 1998 the Registrar wrote to him informing him that a new hearing date would be fixed.
On 4 November 1998 a further listing notice was sent out advising the parties that the preliminary hearing would take place today, 10 February 1999. The Appellant failed to attend. He was contacted by a member of the staff of this Tribunal to be told that he had not received the letter of 4 November 1998 and was unaware of today's hearing. Again he asked for an adjournment. With very great reluctance, we have again acceded to that application. We bear in mind that this is an appeal involving a sum of £175.
This is the final opportunity. When a new date of hearing is decided upon, the office will contact the Appellant by telephone and inform him of the date and confirm that date in writing. The date will not be adjourned in any circumstances. If for whatever reason the Appellant is unable to attend on the next occasion, then the case will be heard on the basis of the papers. In these circumstances, he should immediately comply with the practice direction and submit a skeleton argument or written submissions which may be taken into account in the event that he fails to attend again. On this basis, the appeal is adjourned.