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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Indoor Cricket Pavilions (UK) Ltd (t/a Ball Park Leisure) v Niblett [1994] UKEAT 663_93_2204 (22 April 1994) URL: http://www.bailii.org/uk/cases/UKEAT/1994/663_93_2204.html Cite as: [1994] UKEAT 663_93_2204 |
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At the Tribunal
Before
HIS HONOUR JUDGE J PEPPITT QC
MS S C CORBY
MR J H GALBRAITH CB
T/A BALL PARK LEISURE
Transcript of Proceedings
JUDGMENT
Revised
APPEARANCES
For the Appellants MR R A MANCA
(MANAGING DIRECTOR)
Indoor Cricket Pavilions (UK) Ltd
Unit 2/3 Carlton Drive
Porterfield Trading Estate
Cradley Heath
West Midlands B64 7BJ
For the Respondent THE RESPONDENT IN
PERSON
JUDGE PEPPITT QC: This is an appeal from a decision of the Birmingham Industrial Tribunal who on the 14 June 1993 held unanimously that the Applicant had been dismissed unfairly by her employers. The employers now appeal against that decision, represented by their Managing Director, Mr Manca. Mr Manca came before us anxious to argue that there was evidence which should have been called before the Tribunal, which was not called, and that there was evidence called on behalf of Miss Niblett which should have been challenged on grounds of inaccuracy.
We pointed out to Mr Manca that the only circumstances in which we were entitled to interfere with a decision of an Industrial Tribunal was if that Industrial Tribunal had made an error of law, either by misapplying the law or by finding facts in relation to which there was no evidential foundation. Mr Manca very candidly accepted that his submissions did not go to either issue and that accordingly he could not urge the matter any further.
In our judgement, there was abundant evidence upon which this Tribunal could have acted to reach the conclusion which it did. In those circumstances this appeal must be dismissed.