Fox (t/a QFCC) v. Philps [2000] UKEAT 655_00_2911 (29 November 2000)

The preliminary hearing is adjourned to allow Mrs Fox to provide detailed evidence regarding her complaint of being prevented from calling witnesses, as the current record lacks sufficient particulars to determine if there was a procedural irregularity warranting a full appeal hearing.

Citation: [2000] UKEAT 655_00_2911
Parties: Appellant: Mrs Fox; Respondent: Mr Philps
Jurisdiction: United Kingdom
Judgment Date: 29 November 2000
Procedural Posture: Employment Appeal / Preliminary Hearing (ex Parte), Adjournment
Outcome: Preliminary hearing adjourned for further evidence
Legal Topics: Unfair Dismissal, Breach of Contract, Procedural Fairness, Right to Call Witnesses, Extension of Time

Employment Law Unfair Dismissal Breach of Contract Procedural Fairness Right to Call Witnesses Extension of Time

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Parties

Mrs Fox

Appellant

Mr Philps

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing (ex Parte), Adjournment

Legal Issues

1 Whether Mrs Fox was deprived of the opportunity to call witnesses at the original tribunal hearing
2 Whether procedural irregularity occurred affecting the fairness of the original hearing
3 Whether there is sufficient merit for the appeal to proceed to a full hearing

Ratio Decidendi

Court Disposition

Preliminary hearing adjourned for further evidence

Orders

Mrs Fox to file, within 21 days, evidence in the form of affidavit or signed witness statement detailing her complaints regarding being prevented from calling witnesses, including specifics of any misleading information from tribunal staff and exchanges with the Chairman.
Upon receipt, the evidence to be sent to the Employment Tribunal office and Chairman for comment.