United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellants	MR P NICHOLLS (of Counsel) Hewitson Becke & Shaw Shakespeare House 42 Newmarket Road Cambridge CB5 8EP


 


JUDGE PETER CLARK: We have before us two appeals brought by the employer, TNT Express Worldwide (UK) Ltd, against respectively a decision on liability and a decision on remedies reached by the Industrial Tribunal in this case. Having considered the outline submissions made by Mr Nicholls, on behalf of the Appellant employer, we are quite satisfied that these appeals raise arguable points of law fit to go to a full hearing.

Accordingly, we give leave to the Appellant to argue these matters at a full hearing and we give the following consequential directions.

First, that the two appeals, EAT/11/98 and EAT/225/98, be consolidated and heard together.

Secondly, that the Appellant have leave to amend its grounds of appeal in terms of the draft lodged with the EAT.

Thirdly, this case should be listed for one full day; Category B.

Fourth, we direct that the amended grounds of appeal headed "Amended Notice of Appeal" be sent, in copy form, to the Tribunal Chairman for his comments on the matter raised in paragraph 3(iv) of the amended notice.

Finally, we consider that it is essential that Mr Brown should have the benefit of legal representation at the full appeal hearing. He has attended today and tells us that he has already consulted a Solicitor. He is not currently in employment.

In these circumstances we very much hope that, if an application is made on his behalf for legal aid, that the local committee will look favourably on that application, subject of course to an enquiry as to means. As a matter of merits, we have no doubt that this a proper case in which legal aid ought to be granted.