United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellants	MR M SUCKLING (Representative)


 


MR JUSTICE MORISON (PRESIDENT): The purpose of this hearing was to determine how this appeal should proceed. The case concerns a complaint brought on behalf of a number of applicants that they were entitled to payments under a profits related bonus scheme. The applicant all worked the Purfleet Terminal and were employed by there by Powell Duffryn Terminals Ltd until November 1996 when the business was transferred to the respondent Van Ommeren Tank Terminal (Purfleet) Ltd.

The adjudication of the Industrial Tribunal is contained in a written document sent to the parties on 5th November 1997. By their decision, the Industrial Tribunal rejected the complaints on the basis that the scheme ran out of steam as at the end of March 1996 and did not continue on with legal effect thereafter.

Although set out in summary reasons, the essence of their decision is very clear. But in due time the applicants asked the tribunal to review their decision. That application for a review was refused when full reasons were given on 24th November 1997.

It seems to us that it will be possible to do justice between the parties on the hearing of this appeal despite the fact that the first decision is expressed to be in summary reason form, the learned Chairman having refused, in the exercise of his discretion, to add to it (I think largely because he was of the view that what was said in the first decision was sufficient) and the application for extended reason was made well out of time.

In these circumstances, the matter will proceed to a full hearing. It is a very short question which can be determined by reference to the documents, as we see it, as to whether there was any scheme which was contractually binding after March or April 1996.

The respondents have conveniently put in their PHD form and have indicated that Notes of Evidence are not required. Notes of Evidence have not been sought on behalf of the applicants. It seems to us in those circumstances, that no Notes of Evidence will be required. We can say that this appeal will be in very short compass, and can be very shortly disposed of. I would estimate the total time for the hearing of this appeal as being 1½ hours. I will list it as Category C and it will be listed for hearing in the normal way.