United Kingdom Employment Appeal Tribunal

BAILII case number: [1995] UKEAT 26_95_1605

Appeal No. EAT/26/95

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 16 May 1995

THE HONOURABLE MR JUSTICE MUMMERY (P)

MISS C HOLROYD

MR N D WILLIS

---

MR L GREEN T/A GREENVELDT QUARANTINE KENNELS & CATTERY          APPELLANTS

H C GARDINER          RESPONDENT

---

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


---

APPEARANCES

For the Appellants NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANTS


 


MR JUSTICE MUMMERY (PRESIDENT): This is an appeal against the decision of the Industrial Tribunal (the Chairman sitting alone) at Bedford on 3 November 1994. For extended reasons notified to the parties on 18 November, the Tribunal decided that the Appellants were in breach of the Wages Act 1986. They were ordered to pay the Applicant, Mr Gardiner, £1050.00. The matter was set down for a Preliminary Hearing in order to decide whether the Notice of Appeal served on 29 December 1994 disclosed an arguable point of law. The matter was due to be heard at 2.00 p.m. this afternoon. The Employment Appeal Tribunal received a fax this morning (dated 15 May) which informs the Tribunal that the Appellants have decided to pay Mr Gardiner the amount ordered and not proceed with the appeal.

The fax informs us that a cheque has been forwarded to Mr Gardiner for that sum, therefore no person need attend. Attached is a fax to Mr Gardiner saying:

"Herewith cheque which we decided to remit to you for £1050.00 after our conversation thus saving us both going to London."

A telephone call has been made to Mr Gardiner; he has confirmed that he received a cheque, but only this morning. He has not had time to present it. He informed the Tribunal on the telephone that other employees of the Appellants have encountered trouble in the cashing of cheques. In those circumstances, we have decided to adjourn this appeal for one week and to inform Mr Gardiner that he should tell us as soon as possible whether or not his cheque has been met. If it has, then there will be no problem about dismissing the appeal. If it has not been met, then we may have to reconsider the position. The case is adjourned for a week.