1. EMPLOYMENT APPEAL TRIBUNAL
Second Floor, Fleetbank House
2-6 Salisbury Square, London, EC4Y 8JX
Telephone : 020 7273 1061
Facsimile : 020 7273 1045
www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/employment-appeals/
Our Reference: UKEATPA/0386/13/LA
Mr Douglas Iain Gardiner
5 Weavern Court
Chippenham
Wilts
SN14 0LU
E-mail & Post
06 June 2013
Dear Sir
Mr D I Gardiner v EXSTO UK Ltd
I am writing with reference to your Notice of Appeal in the above case from the
Decision of an Employment Tribunal sitting at Bristol and promulgated on 21
January 2013.
Under Section 21 of the Employment Tribunals Act 1996, this Appeal Tribunal
only has jurisdiction to hear appeals from Employment Tribunal Decisions on
questions of law, i.e. where it is argued that the Tribunal made some mistake in its
interpretation or application of the law in reaching its decision. This means that it
is not the function of this Appeal Tribunal to re-hear the facts of a case or to
review an Employment Tribunal’s decision on those facts.
The appeal has been referred to His Honour Judge Peter Clark in accordance with
Rule 3(7) of the Employment Appeal Tribunal Rules 1993 (as amended) and in his
opinion your Notice of Appeal discloses no reasonable grounds for bringing the
appeal. He states:
It is a cardinal rule of law that claims between the same parties, once finally
determined, cannot be relitigated. The principle of finality of litigation
applies.
The present claims are based on the Appellant’s employment with the
Respondent which ended with his resignation effective on 28 May 2011. He
then brought various claims in the Bristol ET which were dismissed by an
ET chaired by Employment Judge Owen in September 2011. Now he wishes
to revive those claims in these proceedings, adding further claims which
could and should have been raised in the original proceedings. That is not
permissible. Employment Judge Harper was right to strike them out.
For the above reasons the learned Judge considers that this Appeal has no
reasonable prospect of success and that, in accordance with Rule 3(7), no further
action will be taken on it.

2. EMPLOYMENT APPEAL TRIBUNAL
Second Floor, Fleetbank House
2-6 Salisbury Square, London, EC4Y 8JX
Telephone : 020 7273 1061
Facsimile : 020 7273 1045
www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/employment-appeals/
Your attention is drawn to Rules 3(8) and 3(10) of the Employment Appeal
Tribunal Rules. A copy of Rule 3 is enclosed with this letter.
Yours faithfully
Ms J Johnson
Deputy Registrar
CC: Peninsula Business Services Ltd for the Respondent (Ref: Mr Neil Clowrey)
Bristol Employment Tribunal (ref: 1401745/12,1401756/12 & 1401811/12)