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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Rimmington v Massarella Catering Group Ltd [1998] UKEAT 62_98_0103 (1 March 1998) URL: http://www.bailii.org/uk/cases/UKEAT/1998/62_98_0103.html Cite as: [1998] UKEAT 62_98_0103, [1998] UKEAT 62_98_103

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APPEARANCES

 

For the Appellant	THE APPELLANT NEITHER PRESENT NOR REPRESENTED


 


MR JUSTICE BELL: This is a preliminary ex parte hearing in respect of an appeal by Mrs Rimmington against dismissal of her application for unfair dismissal upon her failure to appear or be represented at the Industrial Tribunal at Manchester on 10th October 1997. The decision was entered in the Register on 15th October 1997. £157 costs of the respondent were awarded against Mrs Rimmington.

The original basis of Mrs Rimmington's appeal was that she told her solicitor that she had fallen ill on 9th October 1997, but he failed to inform the Industrial Tribunal. Her Notice of Appeal was dated 20th October 1997. Four days before that, on 16th October, Mrs Rimmington wrote to the Industrial Tribunal asking for a review of its decision. The hearing of the application for a review was fixed for 9th January 1998, but on 3rd January 1998 Mrs Rimmington wrote to the Industrial Tribunal saying:

"I would like to withdraw my claim with regards to myself v Massarella Catering Group."

So the hearing fixed for 9th January 1998 was cancelled and the decision entered in the Register on 15th October 1997 stood.

A normal interpretation of that letter would be that Mrs Rimmington wished to withdraw her claims of any kind against Massarella, including this appeal. Her case has been called on this morning. There has been no answer. Mrs Rimmington has not attended. In our view, she has clearly intended to abandon this appeal. In any event, having read all the papers, we can find no arguable point of law to be considered on this appeal which is hereby dismissed.