United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	No appearance by or on behalf of the Appellant


 


JUDGE CLARK

1. This case was listed for preliminary hearing today. This morning we received a fax signed on behalf of Mr Clayton Jones, the managing director of the Appellant company RH & DT Edwards t/a Eros Travel, enclosing a certificate from his General Practitioner which states that he is suffering from diarrhoea and is unable to come to London today. In these circumstances we are asked to adjourn this preliminary hearing.
2. We shall do so, but on one condition. We note that in this case the company RH & DT Edwards Ltd did not enter a Notice of Appearance below. Our practice direction requires, by paragraph 16, that a Respondent before the Employment Tribunal who fails to enter a Notice of Appearance must file an affidavit with the Employment Appeal Tribunal showing (a) that he has a good excuse for not entering an appearance or seeking an extension of time for doing so and (b) that he has a reasonably arguable defence to the claim. That step has not been taken in this case; it ought to be remedied promptly.
3. In these circumstances we shall adjourn this preliminary hearing on terms that within 21 days of the promulgation of this judgment the Appellant files an affidavit dealing with the 2 matters to which we have referred. Failure to comply with that direction will result in the appeal being dismissed without more.