Hilton v Layley [1992] UKEAT 358_92_0107 (1 July 1992)

Hilton v Layley [1992] UKEAT 358_92_0107 (1 July 1992)

The learned Chairman was entitled to treat the fax as an application for review and not as a Notice of Appearance; the refusal to allow late entry was within discretion and justified by the appellant's failure to comply with procedural rules.

Citation
[1992] UKEAT 358_92_0107
Parties
Appellant: Mr Hilton; Applicant: Mr Layley; Employer: Hilton Transport Services Ltd
Jurisdiction
United Kingdom
Judgment Date
01 July 1992
Procedural Posture
Industrial Tribunal Appeal / Appeal Against Refusal to Enter Notice of Appearance Out of Time
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Procedural Rules, Extension of Time, Notice of Appearance
Employment Law Unfair Dismissal Procedural Rules Extension of Time Notice of Appearance

Case Brief

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Parties

Mr Hilton

Appellant

Mr Layley

Applicant

Hilton Transport Services Ltd

Employer

Procedural Posture

Industrial Tribunal Appeal / Appeal Against Refusal to Enter Notice of Appearance Out of Time

Legal Issues

  1. 1 Whether the refusal to allow late Notice of Appearance was a wrongful exercise of discretion
  2. 2 Whether the fax sent by Mr Hilton constituted a Notice of Appearance with a deemed application for extension of time
  3. 3 Whether findings of fact were made without evidence

Ratio Decidendi

The learned Chairman was entitled to treat the fax as an application for review and not as a Notice of Appearance; the refusal to allow late entry was within discretion and justified by the appellant's failure to comply with procedural rules.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no further orders.