Tyers v R F Brookes Ltd [1993] UKEAT 253_92_2202
JUDGE HARGROVE QC:
In this case the Appellant, having indicated to this Court that she does not intend to appear, we are dealing with this matter in her absence.Her claim is that the decision of the Tribunal that she was fairly dismissed is incorrect, and she puts forward a number of matters the first being that she has not had the opportunity of putting before the Tribunal various witnesses that she would have liked to have called. There is nothing in that, she has had adequate representation and was adequately able to put forward witnesses at that stage. If she omits to do so that is a matter for her.She also claims that there is a defect in what the Tribunal concluded in relation to one of the ladies who was present when the assault took place. Again, this is a pure question of fact and in our view the Tribunal, was not only entitled, but almost forced to take the view in this case that the dismissal was fair.This appeal is therefore dismissed.