MR P FULLER v DYSONS WOOD AUTISTIC TRUST LTD [2000] UKEAT 1182_97_1705

EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [2000] UKEAT 1182_97_1705Case No Appeal No. EAT/1182/97Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
MR P FULLERAPPELLANTDYSONS WOOD AUTISTIC TRUST LTDRESPONDENT
His Honour Judge H Wilson Mr D Chadwick Mr D J JenkinsDate 17 May 2000
[1]APPEARANCES For the Appellant MR N DUGDALE (of Counsel) Appearing under the Employment Law Appeal Advice Scheme JUDGE H WILSON This case having been called on for hearing as a preliminary matter, it became apparent that the proposed Appellant was not present, although he had returned to the Tribunal a certificate that he had received notice of the hearing today and expressing his intention to be present.[2]We note that on 8 previous occasions since February 1998 until February 2000 the proceedings have had to be adjourned because of the absence of the Appellant. On most of those other occasions the Tribunal has been informed by facsimile messages of illness, although no medical certificates have hitherto been required. On 2 or 3 of the other occasions, there were different reasons.[3]We are without any explanation today and we therefore think it proper to dismiss the appeal for want of prosecution.[4]We give the proposed Appellant leave within 14 days of the date of this order to appeal against our decision to dismiss his application, if he can show good cause in the form of a medical certificate or whatever other documentation may be appropriate. Otherwise his case stands dismissed.