Fraser The Crown & Cushion Hotel v Kirton [1998] UKEAT 906_98_0112 (1 December 1998)

Fraser The Crown & Cushion Hotel v Kirton [1998] UKEAT 906_98_0112 (1 December 1998)

The application for review was out of time under rule 11(4), and even if new evidence existed, the tribunal lacked jurisdiction to grant a review after the expiry of the 14-day period. No material error of law was found in the refusal to grant a review.

Citation
[1998] UKEAT 906_98_0112
Parties
Applicant: Mrs Ruth Kirton; Respondent: Mr J. Fraser
Jurisdiction
United Kingdom
Judgment Date
01 December 1998
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Review of Tribunal Decision, Time Limits for Review
Employment Law Constructive Dismissal Unfair Dismissal Review of Tribunal Decision Time Limits for Review

Case Brief

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Parties

Mrs Ruth Kirton

Applicant

Mr J. Fraser

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the application for review was valid under procedural rules
  2. 2 Whether new evidence justified a review
  3. 3 Whether interests of justice required a review

Ratio Decidendi

The application for review was out of time under rule 11(4), and even if new evidence existed, the tribunal lacked jurisdiction to grant a review after the expiry of the 14-day period. No material error of law was found in the refusal to grant a review.

Court Disposition

appeal dismissed

Orders

  • Appeal against refusal to grant review is dismissed.