MR P HOYLES v MRS D L MORRISON [2000] UKEAT 108_00_3103
[1]APPEARANCES For the Appellant NO APPEARANCE BY OR ON BEHALF OF THE APPELLANT. JUDGE COLLINS: This is the preliminary hearing of an appeal against the decision of an employment tribunal sitting at Liverpool whose extended reasons were promulgated on 9 December 1999. By their decision the tribunal held that the appellant should pay the respondent the sum of £362.50 representing unlawful deductions and they dismissed the counterclaim.[2]The facts were that the respondent was a nurse employed by the appellants from 5 October 1997 until 31 March 1999. On 12 March 1999 she gave her notice to take effect on 31 March and her claim was that at the expiry of her notice she was owed 50 hours pay which had been wrongfully deducted together with one nights sick pay; the employers made a counterclaim for £90.75 for overpayment. The tribunal heard the evidence and were in favour of the respondent on all points.[3]On 11 January this year the appellant put in a Notice of Appeal criticising the tribunal's decision on the evidence and asking for this tribunal to consider fresh evidence, although all of it appears to be have been reasonably available at the original hearing. He has not attended to pursue his appeal. In those circumstances it seems to us that there are no reasonably arguable grounds for appeal and we dismiss it.