MISS A WILLIAMS v Y K K (UK) LIMITED [2002] UKEAT 0408_01_2202
[1]APPEARANCES For the Appellant NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT HIS HONOUR JUDGE A WILKIE QC This is the Preliminary Hearing of an appeal by Miss Angela Williams against the decision of the Employment Tribunal sitting at Liverpool on 23 January 2001 which dismissed her complaint of unlawful disability discrimination by reason of her dismissal by Y K K (UK) LIMITED. Miss Williams has submitted a detailed Notice of Appeal which raises a number of issues which may or may not after proper argument result in the case being permitted to go through to a Full Hearing.[2]Unfortunately, Miss Williams, who lives apparently in Liverpool, has not attended the Tribunal this morning at the time when the case has come on hearing. There has been no communication from her to indicate that she was not attending this morning. As a matter of routine the papers in the case were passed to Mr Horan of counsel under the ELAAS Scheme but he has very properly indicated to us that as he has had no communication with her he is not empowered under the ELAAS Scheme to address us.[3]In these somewhat troubling circumstances it seems to us that the correct course is for us to adjourn this case for a period of 21 days in order to enable Mr Horan to attempt to make contact with Miss Williams to see whether she wishes to avail herself of his services under the ELAAS Scheme and, if so, on the next occasion for him, or someone else under the ELAAS Scheme, to represent her, or alternatively to make it clear to her that if she does not attend on the next occasion and does not avail herself of the ELAAS Scheme then the Tribunal will consider her appeal on the basis of the paperwork that is then before the Tribunal.