McCaul & Anor v Oliver Donnelly & Co Ltd [1997] UKEAT 1065_95_2901 (29 January 1997)

McCaul & Anor v Oliver Donnelly & Co Ltd [1997] UKEAT 1065_95_2901 (29 January 1997)

The Regional Chairman was entitled to refuse the application for review because notice of hearing was properly served on the appellants' representative, no good excuse for non-attendance was advanced, and the application had no reasonable prospect of success.

Citation
[1997] UKEAT 1065_95_2901
Parties
Appellants: Mr and Mrs McCaul; Respondents: Gary Donnelly & Associates Ltd and another
Jurisdiction
United Kingdom
Judgment Date
29 January 1997
Procedural Posture
Employment Appeal / Appeal Against Refusal to Review Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Tribunal Procedure, Non Attendance, Review of Tribunal Decisions
Employment Law Unfair Dismissal Tribunal Procedure Non Attendance Review of Tribunal Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

Mr and Mrs McCaul

Appellants

Gary Donnelly & Associates Ltd and another

Respondents

Procedural Posture

Employment Appeal / Appeal Against Refusal to Review Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Regional Chairman erred in refusing a review of the Industrial Tribunal's decision dismissing the unfair dismissal complaint in the absence of the appellants
  2. 2 Whether adequate reasons were given for the refusal
  3. 3 Whether the appellants had a good excuse for non-attendance

Ratio Decidendi

The Regional Chairman was entitled to refuse the application for review because notice of hearing was properly served on the appellants' representative, no good excuse for non-attendance was advanced, and the application had no reasonable prospect of success.

Court Disposition

Appeal dismissed