Smith v London Borough Of Lambeth & Ors [1997] UKEAT 1009_96_3101 (31 January 1997)

Smith v London Borough Of Lambeth & Ors [1997] UKEAT 1009_96_3101 (31 January 1997)

The Tribunal's refusal to adjourn and dismissal of the complaint was a proper exercise of discretion, not amounting to an error of law or perversity, and thus not open to appellate interference.

Citation
[1997] UKEAT 1009_96_3101
Parties
Appellant: Mr Smith; Respondent: Unknown Respondents
Jurisdiction
United Kingdom
Judgment Date
31 January 1997
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Unfair Dismissal, Tribunal Procedure, Adjournment Discretion
Employment Law Race Discrimination Unfair Dismissal Tribunal Procedure Adjournment Discretion

Case Brief

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Parties

Mr Smith

Appellant

Unknown Respondents

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law by refusing to grant an adjournment and dismissing the complaint in the appellant's absence.

Ratio Decidendi

The Tribunal's refusal to adjourn and dismissal of the complaint was a proper exercise of discretion, not amounting to an error of law or perversity, and thus not open to appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no amendment to Notice of Appeal permitted.