United Kingdom Employment Appeal Tribunal

BAILII case number: [1993] UKEAT 198_93_1503

Appeal No. EAT/198/93

I N T E R N A L

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 15th March 1993

Before

THE HONOURABLE MR JUSTICE WOOD MC (P)

MR J P M BELL CBE

MRS P TURNER OBE

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AMEC DESIGN & MANAGEMENT LIMITED          APPELLANTS

MR E BAMFORD          RESPONDENT

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Transcript of Proceedings

JUDGMENT

Revised


 


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APPEARANCES

For the Appellants NO APPEARANCE OR

REPRESENTATION BY THE APPELLANT

For the Respondent NO APPEARANCE OR REPRESENTATION BY THE           RESPONDENT

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MR JUSTICE WOOD (PRESIDENT): This is an appeal on documents only against the refusal by an Industrial Chairman to hear a preliminary assessment under the rules. This is essentially a matter for discretion in the learned Chairman. This is a hearing which was due in Manchester he took the view that it was not appropriate in this case to have a pre-hearing assessment and that it was best in the interests of time and fairness for the matter to be heard at a full hearing.

The issue between the parties was that the Applicant, Mr Bamford alleged unfair selection for redundancy by his employers AMEC Design & Management Limited. In his Originating Application he set out at some length the history of the matter and complained that he had been selected for redundancy prior to a Mr Carr who had been employed through an agency. The Respondents' reply to that was that it was perfectly clear that Mr Bamford had to be selected because he was unable to deal with a micro planner system. Those issues are perfectly well dealt with at a full hearing of the matter and the learned Chairman was perfectly entitled in the exercise of his discretion, having looked at the pleadings, to take that view.

We can find no error of law whatsoever in the exercise of that discretion and the appeal is dismissed.