United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 1274_95_1705

Appeal No. EAT/1274/95

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 17 May 1996

THE HONOURABLE MR JUSTICE BUTTERFIELD

MR K M HACK JP

MRS P TURNER OBE

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KNIGHT BERKELEY LTD          APPELLANTS

MR J SPARK          RESPONDENT

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellants MR JAMES SWEENEY

(Representative)

Messrs Eversheds

Solicitors

Milburn House

Dean Street

Newcastle upon Tyne

NE1 1NP


 


MR JUSTICE BUTTERFIELD: This appeal comes before us by way of a preliminary hearing to determine whether there is any arguable point of law raised on the Notice of Appeal.

We are unanimously of the view that there is here a clear arguable ground of appeal, that is to say whether the Industrial Tribunal, in conducting the review it did, was properly constituted in order so to do. It is unnecessary to rehearse the arguments that have been developed before us this morning, save to say that they relate to the interpretation and application of the Industrial Tribunal Constitution Regulations 1993, and in particular Regulations 11(1), (5) and (6) and 13(8).

In our judgment there is a plain arguable case on those regulations and the way they were applied in this review procedure. We grant leave on that ground. We do not grant leave in respect of the second matter raised on behalf of the Appellants, namely that the Tribunal in expressing its decisions, acted in a way which was perverse within the technical meaning of that expression.