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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Cheverton v Sefton MBC [1997] UKEAT 810_96_2201 (22 January 1997)
URL: http://www.bailii.org/uk/cases/UKEAT/1997/810_96_2201.html
Cite as: [1997] UKEAT 810_96_2201
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| At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE MORISON (P)
MR P A L PARKER CBE
MS B SWITZER
MRS M J CHEVERTON APPELLANT
SEFTON MBC RESPONDENT
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
| For the Appellant | APPELLANT IN PERSON |
MR JUSTICE MORISON (PRESIDENT): It seems to us in this case that there is an arguable point of law that the Industrial Tribunal have misdirected themselves when putting forward the reasons why they did not consider that an order for reinstatement should be made. In the first place, it seems to us arguable that the Tribunal failed to have regard to the provisions of Section 116(5) of the Employment Rights Act 1996. Second, there is a question as to the relationship between a local education authority and a school of the sort with which this case is concerned, and a question as to whether teachers employed in such a school are to be deprived of the opportunity of a reinstatement order on the grounds set out in paragraphs 9 and 10 of the Industrial Tribunal decision. Thirdly, it seems to us to be just arguable that the decision they made to limit compensation to a period not beyond September 1996 was perverse, having regard to their finding at paragraph 9 of their summary reasons, that there was a direction that she should not be employed with any school in their area.
On those grounds we believe that there are arguable points of law fit for hearing before a full Tribunal.