Turista Travel v. Morris [2000] EAT 1100_99_2101 (21 January 2000)

Turista Travel v. Morris [2000] EAT 1100_99_2101 (21 January 2000)

The appellant failed to provide any good excuse for not entering a Notice of Appearance or applying for an extension of time; therefore, the appeal cannot proceed and must be dismissed.

Citation
[2000] EAT 1100_99_2101
Parties
Applicant: David Morris; Respondent/appellant: Turista Travel
Jurisdiction
United Kingdom
Judgment Date
21 January 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Working Time Regulations, Notice of Appearance, Extension of Time
Employment Law Unfair Dismissal Working Time Regulations Notice of Appearance Extension of Time

Case Brief

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Parties

David Morris

Applicant

Turista Travel

Respondent/appellant

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the applicant was automatically unfairly dismissed for refusing to sign an opt-out clause under the Working Time Regulations 1998
  2. 2 Whether the respondent had a good excuse for failing to enter a Notice of Appearance and apply for an extension of time

Ratio Decidendi

The appellant failed to provide any good excuse for not entering a Notice of Appearance or applying for an extension of time; therefore, the appeal cannot proceed and must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the original decision of unfair dismissal and compensation stands.