Quality Homes Kent Ltd (In Receivership) v Harradine

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 12 June 1997 Before

JUDGE PETER CLARK : The applicant in this case, Ms Harradine, was employed by the respondent as Matron at the Bushy Ruff Nursing Home in Temple Ewell, near Dover, from February 1990 until her dismissal on the grounds of gross misconduct on 29th February 1996.

On 18th March 1996 she presented a complaint of unfair dismissal to the Central Office of Industrial Tribunals which came on for hearing before an Industrial Tribunal sitting at Ashford on 5th August 1996. We are told that two earlier hearings, fixed for 9th May and 21st June were adjourned, the first because no Chairman was available; the second at the request of the applicant. Neither of those adjournments were in any way the fault of the respondent.

The Industrial Tribunal found on that occasion that the applicant had been unfairly dismissed but that she had contributed to her dismissal to the extent of 30%. Extended reasons for that decision was given on 30th January 1997, following summary reasons dated 13th August 1996.

The employer now appeals against that award. The point taken by Mr Holmes is that the initial hearing was delayed as a result of the two adjournments not caused by the respondent employer, and the determination of remedies was further delayed until 8th October because the applicant did not bring along the necessary documentation to resolve that issue on 5th August.