United Kingdom Employment Appeal Tribunal

BAILII case number: [1994] UKEAT 668_93_1002

Appeal No. EAT/668/93

I N T E R N A L

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 10 February 1994

Before

HIS HONOUR JUDGE LEVY QC

MRS E HART

MISS C HOLROYD

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S R DAVEY & OTHERS          APPELLANTS

GROUP 4 NIGHTSPEED LTD          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellants MR T R NAYLOR

(EMPLOYMENT RIGHTS ADVISER)

Personnel Advisory Services

49 Warrington Road

Cuddington

Cheshire

CW8 2LN


 


JUDGE LEVY QC: Messrs Davey, Webb and Roberts were three employees of Group 4 Nightspeed Ltd who were dismissed on the grounds of redundancy on 31 October 1993. All three of them claimed they were unfairly dismissed and the union agreement on the redundancy was not followed.

There was a hearing by the Southampton Tribunal and that Tribunal dismissed their claim and there was an application for a review of that hearing which was heard by the Chairman and on 8 July 1993 he refused their application.

It seems, from what we have been told by Mr Naylor this morning, that the union did not represent the three Applicants below because they thought they would get an award, without such representation, that is res inter alios acto - it is nothing to do with us. It seems to us that the findings of fact below are impeccable, as are the findings of law. We can see no reason whatsoever to interfere with the decisions which were reached.

In the circumstances, we have no alternative other than to dismiss this appeal.