United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 896_95_0202

Appeal No. EAT/896/95

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 2 February 1996

Before

THE HONOURABLE MR JUSTICE TUCKER

MISS C HOLROYD

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MR M WILLIAMS          APPELLANT

DONCASTER METROPOLITAN BOROUGH COUNCIL          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellant MR T RIGBY

(Of Counsel)


 


MR JUSTICE TUCKER: We have heard enough to persuade us that you have an arguable case and we are prepared to let the matter go forward to a full hearing. You of course appreciate what the position is, but I say this so that your client can hear it. That is by no means conclusive of the matter. We are expressing no view at all as to the probability let alone the possibility of his success. Of course, the Appeal Tribunal who hear this substantive matter will hear the other side of the argument presented to them as well, so he is not to have his hopes raised.

We direct that your Skeleton Argument be brought up to date, so as to incorporate the new evidence which you now have available of the four others dealt with on 24 January. I do not think your Skeleton really encompasses that. We think it would be helpful if the Skeleton could incorporate in chronological order, a list of all the other employees (eight of them) and sequence of events, so that the E.A.T. who hear this matter can have the picture clearly before them. We think it a case where the Chairman's Notes should be obtained and we so direct but we see no reason for Notes of the whole of the proceedings. The Chairman's Notes we think could be limited subject to any further submission you may make, to consideration by the Industrial Tribunal of the treatment of other employees and perhaps as to Mr Fenning's warning which was given in November 1994 as referred to in paragraph 6 of the Tribunal's decision.

It is unnecessary I would have thought to have Notes of the whole of the proceedings. On the issue of a breach of the disciplinary code I noted you were not enthusiastic in your presentation of that ground of appeal and I do not particularly for myself encourage you to continue it, but if we give you leave on one ground, you are entitled to advance them all at your discretion. Please ensure that you have a list of authorities available for the Usher in good time, so that he can have all the authorities ready.