MRS S B JANGRA v GATE GOURMET LONDON LTD [2001] UKEAT 608_01_0810

EMPLOYMENT APPEAL TRIBUNAL

BAILII case number: [2001] UKEAT 608_01_0810

Case No Appeal No. EAT/608/01

Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

Between

MRS S B JANGRAAPPELLANT

GATE GOURMET LONDON LTDRESPONDENT

Before

Her Honour Judge A Wakefield Mrs J M Matthias Mr N D Willis

Date 8 October 2001

[1]APPEARANCES For the Appellant MR AUBURNE (of Counsel) Appearing under the Employment Law Appeal Advice Scheme JUDGE A WAKEFIELD This is an ex parte preliminary hearing of an appeal by Mrs S B Jangra against a Decision dated 15 March 2001 of an Employment Tribunal sitting at London South, at which it was held that:

"(1) The internal appeal cured the procedural unfairness so as to render the dismissal of the Applicant fair overall. (2) The Respondent did not discriminate against the Applicant contrary to section 5(1) of the Disability Discrimination Act 1995."

Leave has been granted to proceed to a full hearing in relation to the second finding.

[2]As to the first finding, it was argued before us that the Employment Tribunal were wrong in law and/or perverse in that, since the Appellant did not attend the internal appeal, it cannot be said to have constituted a rehearing of the case, so as to be capable of curing a procedural irregularity in the original dismissal. We do not agree. The Appellant was given a full opportunity to attend at the internal appeal or to make written submissions. She did neither. The appeal hearing therefore necessarily consisted of consideration of the medical evidence and the possibility of alternative employment.

[3]The finding of the Employment Tribunal that in those circumstances: "…once the applicant exercised the right to appeal she could not frustrate that appeal process by refusing to take part…" is, in our view, unassailable. The appeal on this ground therefore fails, and is dismissed.