MRS H DAVIES v ALEXON INTERNATIONAL [2001] UKEAT 0841_00_1902
[1]APPEARANCES For the Appellant NO APPEARANCE OR REPRESENATION BY OR ON BEHALF OF THE APPELLANT MR COMMISSIONER HOWELL QC : In this case which is before us today for preliminary hearing, Mrs H A Davies has filed a Notice of Appeal dated 6 July 2000, seeking to have set aside as erroneous in point of law the decision of the Employment Tribunal given in her claim against her former employers Alexon International. That decision was that the Tribunal had no jurisdiction to entertain her complaint of unfair dismissal, on the ground that it was lodged some three months outside the normal time limit of three months after the termination of her employment on 17 July 1999, and the Tribunal was not satisfied that there were grounds for exercising its discretion to admit the claim out of time: in particular because the Tribunal was not satisfied that it was not reasonably practical for the Applicant to have presented her originating application earlier.[2]No one appears on the appeal before us and the Employment Appeal Tribunal has already made an order on the failure of the Appellant to respond to previous communications striking out all the allegations of bias or improper conduct in the original Notice of Appeal. We have considered all the papers and are satisfied that the remainder of the Notice of Appeal does not disclose any arguable point of law to warrant us directing that this case should go any further. The Tribunal's Extended Reasons dated 15 June 2000 appear to us to show quite clearly that there were proper grounds for this Tribunal to have declined to exercise its power to extend the time limit in this case and the reasons are fully and adequately explained. This is a matter in which this Tribunal could not, in our judgment, interfere with a very proper exercise by the Tribunal of its powers, and accordingly we now unanimously dismiss this appeal.