United Kingdom Employment Appeal Tribunal

BAILII case number: [1995] UKEAT 616_94_0304

Appeal No. EAT/616/94

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 3rd April 1995

Before

THE HONOURABLE MR JUSTICE MUMMERY (P)

MR J D DALY

MR R H PHIPPS

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FORESIGHT STRATEGIC CONSULTANTS LTD          APPELLANTS

MR T M STEVENSON          RESPONDENT

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

NO ATTENDANCE BY APPELLANTS


 


MR JUSTICE MUMMERY (PRESIDENT): This is the preliminary hearing of an Appeal against the Decision of the Industrial Tribunal held at Nottingham on 27th April 1994.

The Tribunal Chairman, sitting alone, heard a claim under the Wages Act 1986 by the applicant, Mr T M Stevenson, against a company, Foresight Strategic Consultants Ltd whom he had named, in his originating application, as his employers. He claimed unpaid wages for work that he had done, as a market researcher, between 22nd and 27th March 1993.

The Tribunal, in reasons notified to the parties on 6th May 1994, decided that, the respondent company had made an unlawful deduction from the applicant's wages of £228.60 and ordered that sum to be paid to the applicant.

In the Reasons for the Decision it was found that the applicant was employed by the Company, as a market researcher, for the period alleged; he had done six days work. The work was itemised. He was therefore entitled, on the agreed rates of pay, to the sum of £228.60. It was found that the company had paid him nothing. That was an unlawful deduction from his wages under the Act.

The Respondent Company appealed against that Decision by a Notice of Appeal served on 6th June 1994. The ground of Appeal was that Mr Stevenson was never employed by Foresight Strategic Consultants Ltd. It was said that he was employed by Foresight Market Research Ltd, now called FMR Ltd.

That Appeal has not been pursued, because, since the Notice of Appeal, the Industrial Tribunal has made an order, sent to the parties on 8th June 1994, ordering that Foresight Strategic Consultants Ltd should be dismissed from the proceedings and that Foresight Market Research Ltd should be substituted as a Respondent. That order was made on the basis that, the Tribunal Chairman was informed that the parties agreed that the applicant's employer was Foresight Market Research Ltd.

In those circumstances, there is no life left in this Appeal. The order of the Industrial Tribunal has achieved by agreement what the appellants sought to achieve by Appeal.

There is, therefore, no point in the Appeal proceeding to a Full Hearing. It is dismissed at this stage.

We just add, this by way of a note. It appears from a note appended by a director of Foresight Strategic Consultants Ltd to a letter sent to that company by this Tribunal on 7th March 1995, that that company is currently being wound up by the Commissioners of Customs & Excise. We have no further details about the matter. That is not an obstacle to dismissing this Appeal.

This Appeal is dismissed.