Onafowokan v. BP Express Shopping Ltd [2000] EAT 1041_99_1204 (12 April 2000)

Onafowokan v. BP Express Shopping Ltd [2000] EAT 1041_99_1204 (12 April 2000)

The appellant met the conditions set by the previous tribunal—timely application and submission of a medical certificate—so the dismissal must be set aside regardless of the merits of the underlying appeal.

Citation
[2000] EAT 1041_99_1204
Parties
Appellant: Mrs W Onafowokan; Respondent: BP Express Shopping Ltd
Jurisdiction
United Kingdom
Judgment Date
12 April 2000
Procedural Posture
Employment Appeal / Application to Set Aside Previous Dismissal at Preliminary Hearing
Outcome
judgment of 19 November set aside; fresh preliminary hearing to be arranged
Legal Topics
Setting Aside Judgment, Preliminary Hearing, Absence Due to Illness
Employment Law Procedural Law Setting Aside Judgment Preliminary Hearing Absence Due to Illness

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs W Onafowokan

Appellant

BP Express Shopping Ltd

Respondent

Procedural Posture

Employment Appeal / Application to Set Aside Previous Dismissal at Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant satisfied the conditions to set aside the dismissal of her appeal due to non-attendance at the preliminary hearing

Ratio Decidendi

The appellant met the conditions set by the previous tribunal—timely application and submission of a medical certificate—so the dismissal must be set aside regardless of the merits of the underlying appeal.

Court Disposition

judgment of 19 November set aside; fresh preliminary hearing to be arranged

Orders

  • Set aside the judgment of 19 November
  • Arrange a fresh preliminary hearing