United Kingdom Employment Appeal Tribunal

BAILII case number: [1993] UKEAT 274_93_1607

Appeal No. EAT/274/93

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 16th July 1993

Before

HIS HONOUR JUDGE J HULL QC

MR A FERRY MBE

MR K HACK

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MR M WOOTLER          APPELLANT

GROUP 4 TOTAL SECURITY          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellant MR M WOOTLER

(Appellant in Person)


 


JUDGE J HULL QC: We have come to the conclusion that this appeal should be allowed to proceed. We are concerned because it does not appear to us that the Tribunal has in its decision set out any of the evidence which it heard from Mr Wootler or any submissions made by his representative and there is indeed with our papers no record, so far as we can see, of what witnesses were called. If you look at the decision itself it contains no statement of who the members were and in general it is a rather strange document, the most worrying thing about it, as I have said, is that it seems not to set out what was said on behalf of Mr Wootler and said by him when he gave evidence, even in short, nor does it say what findings the Tribunal reached about those matters which were given in evidence by Mr Wootler. In those circumstances the appeal will proceed. We ask the Chairman to make good the defects which we mention, that is to say state clearly who the fellow members were who heard the matter and if he feels it right to do so to say expressly what his findings were, with his fellow members, on these matters. But we ask him in any event please to provide his Notes of Evidence and his notes also of any submissions which were made to him and we ask for that assistance before the appeal is heard.

Mr Wootler it is entirely a matter for you but you are entitled to apply for legal aid and you are entitled of course whether you get legal aid or not to make arrangements to be represented on the hearing of your appeal. We think that you should do so if you can. You should be represented if you can. We have had a little difficulty in understanding you here, we think, with great respect, you had a little difficulty in making yourself plain to us on the matters which we are entitled to consider, you are not a lawyer, so will you please consider that carefully. It is not a matter for us to insist on but we do feel that it would be in your interest if you were represented.