William S Graham Ltd (t/a W S Graham & Sons & The Calls Grill) v. O'Donnell [2000] UKEAT 545_00_1910 (19 October 2000)

William S Graham Ltd (t/a W S Graham & Sons & The Calls Grill) v. O'Donnell [2000] UKEAT 545_00_1910 (19 October 2000)

The Respondent failed to discharge the burden of proving a good reason for not entering an appearance, as evidence indicated knowledge of the proceedings. The Chairman was entitled to proceed in the absence of the parties, and no sufficient defence on the merits was established. The appeal is dismissed.

Citation
[2000] UKEAT 545_00_1910
Parties
Applicant: Mr O'Donnell; Respondent/appellant: William S Graham Ltd trading as W S Graham & Sons & The Calls Grill
Jurisdiction
United Kingdom
Judgment Date
19 October 2000
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Employment Tribunal Procedure, Notice of Appearance
Employment Law Unfair Dismissal Redundancy Employment Tribunal Procedure Notice of Appearance

Case Brief

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Parties

Mr O'Donnell

Applicant

William S Graham Ltd trading as W S Graham & Sons & The Calls Grill

Respondent/appellant

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Respondent had good grounds for not entering an appearance
  2. 2 Whether there was a fairly arguable defence on the merits
  3. 3 Whether the Chairman was entitled to proceed in the absence of the Applicant and Respondent

Ratio Decidendi

The Respondent failed to discharge the burden of proving a good reason for not entering an appearance, as evidence indicated knowledge of the proceedings. The Chairman was entitled to proceed in the absence of the parties, and no sufficient defence on the merits was established. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; original Employment Tribunal decision stands