Roberts v Skelmersdale College

Roberts v Skelmersdale College

The Employment Tribunal acted within its discretion under rule 9(3) in dismissing Mr Roberts's claim for non-attendance, having considered the required documents and provided sufficient reasons. The Employment Appeal Tribunal erred in law by unduly restricting the Tribunal's discretion and imposing requirements not found in the rule.

Parties
Claimant/respondent: Arthur David Roberts; Defendant/appellant: Skelmersdale College
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; application for reinstatement refused.
Legal Topics
Unfair Dismissal, Tribunal Procedure, Exercise of Discretion, Non Attendance, Appeal Process
Employment Law Unfair Dismissal Tribunal Procedure Exercise of Discretion Non Attendance Appeal Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Arthur David Roberts

Claimant/respondent

Skelmersdale College

Defendant/appellant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing the unfair dismissal claim for non-attendance under rule 9(3)
  2. 2 Whether the Tribunal gave adequate reasons for its decision
  3. 3 Whether the Employment Appeal Tribunal misapplied the discretion under rule 9(3)

Ratio Decidendi

The Employment Tribunal acted within its discretion under rule 9(3) in dismissing Mr Roberts's claim for non-attendance, having considered the required documents and provided sufficient reasons. The Employment Appeal Tribunal erred in law by unduly restricting the Tribunal's discretion and imposing requirements not found in the rule.

Court Disposition

Appeal allowed; application for reinstatement refused.

Orders

  • Employment Appeal Tribunal's decision set aside; Tribunal's dismissal of unfair dismissal claim restored.
  • Mr Roberts to pay Skelmersdale College's costs assessed at £7,000 plus VAT.