MS JEAN WILKINSON v MR DEREK YORSTON [2001] UKEAT 1005_00_3001
[1]APPEARANCES For the Appellant THE APPELLANT NEITHER PRESENT NOR REPRSENTED MR RECORDER UNDERHILL : We believe that the Notice of Appeal here raises arguable grounds of appeal, essentially on the basis that on the undisputed facts and having regard to what appear to have been the terms of the letter of 31st August, the tribunal could not reasonably have found that the appellant was not dismissed.[2]We also note that it does not appear to have been in issue until the hearing that the appellant had indeed been dismissed and the respondent's argument until the hearing was that she had been dismissed for redundancy.[3]The Notice of Appeal in its present form is somewhat diffuse in its terms; and had the appellant attended we would have attempted to see whether it could usefully be edited, but she has not attended and has asked for the matter to be dealt with in her absence. In those circumstances, we do not think it is appropriate for us to undertake an editing job ourselves. We believe that the grounds of appeal adequately even if, as we say, somewhat diffusely, cover the nature of the issues.[4]It appears to us that the tribunal hearing the full appeal would be assisted by the Chairman's Notes of Evidence and we accordingly direct that they be requested. It will also be necessary for the tribunal to have the full bundle of documents that was before the Employment Tribunal.[5]The case is Category C and we estimate that it should be listed for 3 hours.