Smith v. Southwick & Ors [2001] UKEAT 526_01_1110 (11 October 2001)

Smith v. Southwick & Ors [2001] UKEAT 526_01_1110 (11 October 2001)

There was sufficient material before the Tribunal to support the inference that Mrs Smith was aware of the hearing date and chose not to attend; no error of law was established.

Citation
[2001] UKEAT 526_01_1110
Parties
Appellant: Mrs Smith; Applicant: Ms Southwick; Applicant: Mrs Beech; Respondent: Mr Jarvis; Respondent: Mr Castleton; Respondent: Mohammed Mahi-Uddin; Respondent: Hull Racial Equality Council (REC)
Jurisdiction
United Kingdom
Judgment Date
11 October 2001
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing on Appeal Against Review Decision
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Victimisation, Procedural Fairness, Review of Tribunal Decisions

Case Brief

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Parties

Mrs Smith

Appellant

Ms Southwick

Applicant

Mrs Beech

Applicant

Mr Jarvis

Respondent

Mr Castleton

Respondent

Mohammed Mahi-Uddin

Respondent

Hull Racial Equality Council (REC)

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing on Appeal Against Review Decision

  1. 1 Whether there was sufficient evidence for the Tribunal to infer Mrs Smith's knowledge of the hearing date
  2. 2 Whether the Tribunal erred in law in dismissing the review application

Ratio Decidendi

There was sufficient material before the Tribunal to support the inference that Mrs Smith was aware of the hearing date and chose not to attend; no error of law was established.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Mrs Smith is dismissed; no further hearing will be granted.