United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellants	MS L CHUDLEIGH (of Counsel) ELAAS
For the Respondent	MISS M LAZARUS (of Counsel) Messrs Marsh Ferrisman & Cheale Solicitors Southfield House 11 Liverpool Gardens Worthing West Sussex BN11 1SD


 


MR JUSTICE KIRKWOOD: This is a case in which an Industrial Tribunal made its decision in September 1997. The Notice of Appeal was lodged by a litigant in person later that year and it has come on for preliminary hearing today. Today the appellant in person has however been assisted by Miss Chudleigh, the ELAAS representative, who has drawn to our attention an argument of law by reference to statute and authority.

The point raised by Miss Chudleigh is one we had identified in what I might call layman's terms, for ourselves. There is a plain point of law that needs consideration.

Miss Lazarus who has made representation on behalf of the respondent, says that it is out of time and should not be allowed.

We intend, without any hesitation, to exercise our discretion to allow this amendment to be made and the appeal will go to a full hearing on the basis on the amended grounds of appeal.

MR JUSTICE KIRKWOOD: We make an Order to Mr Ahmet to produce to the Employment Appeal Tribunal within 28 days of the service of the Order upon him any lease and/or assignment and all ancillary documents in his possession, custody or power, or in the possession, custody or power of any company controlled by him relating to any transfer of the business known as Lyndhurst House Nursing Home between December 1984 and July 1992.

I give Mr Ahmet liberty to apply to the Registrar to vary or discharge that Order on seven days notice.