United Kingdom Employment Appeal Tribunal

 


BAILII case number: [1993] UKEAT 393_93_0812

Appeal No. EAT/393/93

I N T E R N A L

EMPLOYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 8 December 1993

Before

THE HONOURABLE MR JUSTICE TUCKER

MR J R CROSBY

MRS T MARSLAND

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MS M GRAY          APPELLANT

EMI COMPACT DISC (UK)           RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellant MR P ARCHER

(ADVISOR)

Thamesdown Law Centre

26 Victoria Road

Swindon

SN1 3AW


 


MR JUSTICE TUCKER: We have read the papers and listened to Mr Archer but we regret to say that we cannot see any reasonable prospect of this appeal succeeding. The Tribunal made very firm findings of fact. We are not able to go behind those unless it could be suggested, and it is not, that they were perverse findings which no reasonable Tribunal could make, or unless there was a mistake in law and we do not think that there was any mistake in law here. It seems to us the Tribunal were perfectly entitled to make the findings they did. Having made those findings it was perfectly open for them to say, as they did, there was not continuous employment here. There had been breaks and there is nothing in paragraph 9 of the 13th Schedule to the 1978 Act which affords the Appellant any assistance.

It is true the company sent her a letter suggesting there had been a continuation of employment. That was clearly a mistake. We suspect it was a standard form of letter and we regret to say that we can see no prospect at all of this appeal succeeding and are not prepared to allow it to go forward to a full hearing. The appeal is accordingly dismissed.