United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 1268_95_1609

Appeal No.EAT/1268/95

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 16th September 1996

HIS HONOUR JUDGE J HICKS Q.C.

MR J R CROSBY

MR D J JENKINS MBE

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N JOHNSON AND OTHERS          APPELLANTS

GEC ALSTHOM TRACTION LTD          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

Revised


 


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APPEARANCES

For the Appellants NO APPEARANCE BY OR

ON BEHALF OF THE

APPELLANTS

For the Respondents MR N J HORNEY

(Solicitor)

Messrs Nightingales

Solicitors

12 St John Street

Deansgate

Manchester

M3 4DX


 


JUDGE HICKS Q.C.: We have to deal with what was originally an appeal by ten appellants against the decision of the Industrial Tribunal that their dismissal for redundancy was fair. Seven of the appellants withdrew their appeals, and so far as they were concerned the matter was disposed of by an Order of the Registrar made on 11th September 1996 by consent dismissing their appeals; that has therefore already been disposed of and is not within our jurisdiction. An eighth appellant withdrew by letter from solicitors of 13th September 1996, and we dismiss his appeal on the basis of that letter, that is Mr N Johnson. The remaining two appellants are Messrs Atkinson and Taylor, who have not attended this morning and are not represented; their former solicitors have written to say that they are no longer instructed by those two appellants.

The appeal in terms of the grounds in the Notice is entirely directed to the conduct of the hearing by the Industrial Tribunal and its Chairman; no point is raised in the Notice of Appeal as to the substance of the decision, or as to any misdirection of law or perversity. Misconduct of the hearing is of course an error of law and a ground of appeal, but having read the comments of the Chairman, who deals with in detail and circumstantially all the allegations made, we are satisfied that the grounds of appeal are not made out.

We therefore dismiss the appeal of Messrs Atkinson and Taylor also.