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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Imperial Construction (UK) Ltd v. Brown [2000] UKEAT 49_00_0304 (3 April 2000) URL: http://www.bailii.org/uk/cases/UKEAT/2000/49_00_0304.html Cite as: [2000] UKEAT 49_00_0304, [2000] UKEAT 49__304 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE COLLINS CBE
MRS R CHAPMAN
MR D A C LAMBERT
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
PRELIMINARY HEARING
Revised
For the Appellant | MR H MIRSEPASSI Company secretary |
RESPONDENT | MR INNES, counsel (FRU) |
JUDGE COLLINS:
"I acknowledge receipt of your letter of 6 December 1999. A request for extended reasons must be made within 21 days following the issue of the decision. The decision was sent to you on 24 September 1999. I have shown your request to the Chairman who made the decision. He observed that your request is out of time and he has refused to hear it."
£1,340.00 in lieu of one month's notice – that sum being his net monthly take home pay
One week's sick pay of £309.23 and
One-third accrued holiday pay in the sum of £216.15.
First, it is alleged that the proceedings were unfair because the original respondent was not the company but Mr Mirsepassi, personally. The originating application was presented to the tribunal on a date in July 1999 which is impossible to be precise about because the date stamp is unclear on the copy and is a claim for unpaid wages. It sets out Mr Brown's address and details and it refers to the respondent in this way
Name of the employer, organisation or person |
Mr Tony Passi |
Address |
Imperial Construction UK Ltd |
39B Tottenham Lane |
Crouch End |
London N8 |
and sets out the nature of the claim. The Notice of Appearance is not in the name of Mr Tony Passi but in the name of H R Mirsepassi. Mr Mirsepassi has explained to us today is that this is his full name and that he is one and the same person. It deals with the complaint on the merits, setting out the reasons why the respondent was dismissed, for poor attendance and poor work performance and that he had been given several notices by the Imperial Construction Management staff verbally. Somebody who we are told is a gentleman who runs the office signed it on 28 July 1999.