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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Howells Glazing Systems v Cooper [1997] UKEAT 800_97_1710 (17 October 1997)
URL: http://www.bailii.org/uk/cases/UKEAT/1997/800_97_1710.html
Cite as: [1997] UKEAT 800_97_1710
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| At the Tribunal | |
Before
HIS HONOUR JUDGE H J BYRT QC
MR D J JENKINS MBE
MR J A SCOULLER
HOWELLS GLAZING SYSTEMS APPELLANT
MR B COOPER RESPONDENT
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING - EX PARTE
| For the Appellants | MR N MILLS (Solicitor) Messrs Stables & Co Solicitors Maybrook House Queensway Halesowen West Midlands B63 4AH |
JUDGE BYRT QC: This is a preliminary hearing in relation to an appeal against a decision of the Industrial Tribunal sitting in Birmingham. Its decision was promulgated on 25th May 1997 when it held that the employee had been unfairly dismissed and awarded him the sum of £8,090.00. It is against that decision the employer appeals.
We have in fact looked through the tribunal's decision, and it is brief and scanty to say the least. But criticism is that there is no story told; there are no findings of fact and no recitation of the evidence upon which such findings were made. In all the circumstances, we feel that this case must go forward to a full hearing for a thorough scrutiny of the decision.
A fact which we think we should mention is that there is no indication at all that the Industrial Tribunal considered the question of contributory fault. One would have thought that in a case like this that at least was a relevant factor to which the tribunal should have given its mind when coming to a decision on the question of compensation.
Application for Chairman's Notes of Evidence dismissed.