United Kingdom Employment Appeal Tribunal

BAILII case number: [1994] UKEAT 440_94_1705

Appeal No. EAT/440/94

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 17 May 1994

THE HONOURABLE MR JUSTICE MORISON

MISS C HOLROYD

MRS T MARSLAND

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MR R STONE          APPELLANT

KWELM EMPLOYMENT SERVICES LTD          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

Revised


 


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APPEARANCES

For the Appellant THE APPELLANT IN

PERSON

For the Respondents NO ATTENDANCE BY OR

REPRESENTATION ONBEHALF OF THE

RESPONDENTS


 


MR JUSTICE MORISON: The appeal should be allowed, having regard to the employer's attitude and having regard to the representations which have been made to us this morning by Mr Stone. It seems to us that there would no useful purpose to be served by the Tribunal starting the case tomorrow as they suggested.

All the members of the Employment Appeal Tribunal would like to make it plain that we do not in any way wish to criticise the attitude that has previously been taken by the Industrial Tribunal. We know more, I think, than they can possibly have done as a result of seeing and hearing Mr Stone and we are satisfied, without going into any detail, that it would be appropriate for this case to be adjourned. We hope that Mr Stone will take the opportunity of the adjournment to obtain third party advice, whether from the Free Representation Unit or the Mary Ward Legal Centre, which will enable him to be properly advised as to the shape of his case when it comes before the Tribunal again.

I hope very much that the matter can be brought before an Industrial Tribunal at a time which is suitable to both parties as soon as is possible for a whole variety of reasons, not least that it seems to me that the strain which the dismissal and the case is imposing on Mr Stone, is considerable and it would be in his best interests that that strain should be released by an early determination by an Industrial Tribunal of his complaint of unfair dismissal. Accordingly, we will grant the appeal for those reasons.