Insaidoo v Metropolitan Resources North West Ltd (Practice and Procedure : Chairman alone)

This claim of unfair dismissal for asserting a statutory right was determined, in error by an Employment Judge sitting alone. �Section 4 (1) Employment Tribunals Act 1996 applies.

This appeal by the Claimant has been listed today for a full hearing on one point only, namely the decision of Employment Judge Shotter, sitting alone at Liverpool Employment Tribunal on 16 November 2009, to dismiss his claim of unfair dismissal.� The judgment was promulgated with reasons on 27 January 2010.�

The claim has an unfortunate and confusing procedural history.� The Claimant is not present and is not represented today, apparently being currently in Ghana.� He has told the EAT that he is content to rely on written submissions and will not be attending.� The Respondents are represented by Ms Bibi, who was present at the earlier, preliminary hearing.�

It seems, though the ETl does not say so, that the Claimant resigned, so the dismissal relied on is constructive: see Reasons para. 18. Box 5 pleads eight complaints which are presumably the conduct relied on as justifying the resignation; but some of them are potentially claims in their own right (see below).

The Claimant was not going to attend the hearing - he was in Ghana - but he was going to send witnesses. He says - N/A para. 10 -that in consequence of the Tribunal's order he stood them down.