Burke v Mencap [1995] UKEAT 28_95_0505 (5 May 1995)

Burke v Mencap [1995] UKEAT 28_95_0505 (5 May 1995)

There was no point of law in the appeal; the tribunal was entitled to dismiss the application and award costs due to the appellant's unreasonable non-attendance.

Citation
[1995] UKEAT 28_95_0505
Parties
Appellant: Mr Burke; Respondent: Mencap
Jurisdiction
United Kingdom
Judgment Date
05 May 1995
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Costs
Employment Law Redundancy Unfair Dismissal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Burke

Appellant

Mencap

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether Mr Burke was unfairly selected for redundancy
  2. 2 Whether the tribunal erred in dismissing the application for non-attendance
  3. 3 Whether there was a point of law in the appeal

Ratio Decidendi

There was no point of law in the appeal; the tribunal was entitled to dismiss the application and award costs due to the appellant's unreasonable non-attendance.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • costs of £500 awarded against Mr Burke