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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Ladies Own (UK) Ltd (t/a Ladies Own Slimming & Fitness Clubs) v. Homewood [2001] UKEAT 1298_00_0405 (4 May 2001) URL: https://www.bailii.org/uk/cases/UKEAT/2001/1298_00_0405.html Cite as: [2001] UKEAT 1298_00_0405, [2001] UKEAT 1298__405 |
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At the Tribunal | |
Before
MRS RECORDER COX QC
MR B M WARMAN
MR R SANDERSON OBE
T/A LADIES OWN SLIMMING & FITNESS CLUBS |
APPELLANT |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MR TIMOTHY BECKER (of Counsel) Instructed by: Messrs Sloan & Co Solicitors 211 Piccadilly London W1J 9HF |
MRS RECORDER COX QC
"I note from the letter that I could apply for any extension of time to enter a late Notice of Appearance. I truly believed that I would apply for an extension of time to enter a late Notice of Appearance at anytime even at the hearing itself. In any event at around this time I was told not to concern myself too greatly about the matter as the action was going to be defended by Cumberland Limited."
So the position at the date of the hearing on 31 August was that neither Respondent was entitled to appear or to be represented.
"At the hearing, Mr Tim Barnes, Managing Director of the first respondent was present, and the Tribunal invited argument on the issue, whether either Respondent should be allowed to present a Notice of Appearance out of time and defend the case. Mr Barnes made the statement to the Tribunal that the first Respondent was not the employer, and he was present only as a witness for Cumberland Leasing, which he had understood would be represented at the hearing. The Tribunal decided that in the absence of any application to enter a late Notice of Appearance, the case was not being defended by either Respondent, and it would therefore be for the Applicant to prove her case. The Tribunal did in fact hear evidence from Mr Barnes, having decided of its own motion that the Tribunal should call him as a witness to assist the Tribunal in relation to the facts of the case by his evidence. He was questioned by the Tribunal and by Mr Warren for the Applicant."
"2 The Appellant will not be permitted to pursue the appeal unless the EAT is satisfied at the preliminary hearing -
1. there is a good excuse for failing to enter a Notice of Appearance and (if that be the case) for failing to apply for such an extension of time; and
2. there is a reasonably arguable defence to the claim in the Originating Application."
In accordance with sub-paragraph 3 of Rule 16, the Appellant, Mr Barnes has sworn an affidavit explaining the circumstances surrounding these events, which we have already made reference to.
He acknowledges receipt of the Originating Application, informing him of the need to complete a Notice of Appearance, and says that he completed it without legal assistance.
"just in case the Tribunal thought that the Respondent was employed by the Appellant".
We find that incredible, and we do not accept it. We have seen no correspondence or any other documents produced by Mr Barnes, showing any communication between himself and Cumberland Leasing Limited, or Cumberland Corporation Limited, as it is variously described in his affidavit.
For all these reasons, we therefore conclude that no arguable errors of law have been identified in this Employment Tribunal's Decision, and we dismiss this appeal.