United Kingdom Employment Appeal Tribunal

BAILII case number: [1994] UKEAT 34_94_3006

Appeal No. EAT/34/94

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 30 June 1994

THE HONOURABLE MR JUSTICE MORISON

MR D O GLADWIN CBE

MR T C THOMAS CBE

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MR T LAWTON          APPELLANT

KEN GRAY T/A GRAYS MOTOR FACTORS          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellant MR P BIBBY

(REPRESENTATIVE)

Free Representation Unit

49-51 Bedford Row

London WC1R 4LR


 


MR JUSTICE MORISON: We accede to your request that we give you leave to go for a full hearing. What we think the correct order to make is that your application before us today should be adjourned generally with liberty to apply. We would invite you to invite the Industrial Tribunal to rule upon the application which has now been submitted to them. We would invite the Tribunal if they accept jurisdiction, to look at the fairness or otherwise of the dismissal on both bases: that is on the basis that the effective date of termination was 1 March and on the basis that the effective date of termination was 9 December and to indicate whether there would be any different result.

It is obvious therefore that if they accept jurisdiction to hear this further complaint of unfair dismissal and consider it on both bases and determine it, we should only have one possible potential appeal and not necessarily this preliminary one. It may be that you would not succeed on either basis in which case you might wish to appeal, or alternatively if they do not accept jurisdiction because they say it is out of time then you will need to consider no doubt whether you wish to raise an appeal in relation to that matter and that of course is something which may have an effect on whether you should be restoring this appeal; so you will need to consider carefully what the position is but the first step in our view is to invite the Tribunal to indicate whether they are prepared to accept jurisdiction to hear and determine the fresh complaint which has been made, and if they are, we invite them to consider the fairness or otherwise of the dismissal on those two bases. If they are not then you will have to give advice to your client as to what should happen.