United Kingdom Employment Appeal Tribunal

BAILII case number: [1995] UKEAT 775_94_1210

Appeal No. EAT/775/94

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 12th October 1995

THE HONOURABLE MR JUSTICE MUMMERY (P)

MR E HAMMOND OBE

MR K M YOUNG CBE

---

CHILTERN AIR CONDITIONING AND HEATING LTD          APPELLANTS

J ARMSTRONG          RESPONDENT

---

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


---

APPEARANCES

For the Appellants NO ATTENDANCE BY           APPELLANT


 


MR JUSTICE MUMMERY (PRESIDENT): This is an appeal against the decision of the Industrial Tribunal held at Bedford on 31st May 1994 before the Chairman alone.

In the extended reasons notified to the parties on 8th August 1994, the Tribunal decided that an order should be made for payment of £510.00 to the applicant, Mr John Armstrong, by the respondent, Chiltern Air Conditioning & Heating Limited. The order was made on an application by Mr Armstrong for unpaid wages pursuant to the provisions of the Wages Act 1986.

Chiltern Air Conditioning and Heating Limited were disatisfied with the decision, and appealed by Notice of Appeal served on 13th July 1994.

As well as those proceedings in the Industrial Tribunal there were also County Court proceedings brought by Chiltern Air Conditioning against Mr Armstrong.

On 24th July 1995, Mr Armstrong's solicitors informed the Employment Appeal Tribunal that those proceedings had been struck out, and contended that the existence of those County Court proceedings had been the coherent basis for lodging the appeal in this case. They therefore asked that, consequentially on the striking out of the County Court proceedings, this appeal should be struck out.

The Tribunal informed those solicitors by letter of 31st July 1995 that an appeal could only be dismissed by a full Tribunal.

The position today is that Chiltern Air Conditioning and Heating Limited have not been represented on the hearing. They have, however, written a letter on 11th August 1995, in which they requested either a stay of the appeal, or a striking out of it, as the Industrial Tribunal proceedings had been amulgamated with the proceedings in the Luton County Court. They made certain other comments not relevant to the disposal of this appeal.

The Employment Appeal Tribunal's Registrar informed Chiltern Air Conditioning and Heating Limited on 22nd August 1995 that the hearing of the appeal would be in the list for today. No one has attended to pursue the appeal, and it appears, from what we have been able to gather from the correspondence, that this appeal is not now pursued. We will therefore dismiss it.