United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MISS H MOUNTFIELD (of Counsel) Instructed by: Ms A Love Messrs Leo Abse & Cohen Solicitors 40 Churchill Way Cardiff CF1 4SS


 


JUDGE HAROLD WILSON: Having considered the matter, the tribunal gives leave for the applicant to proceed on her amended Notice of Appeal. This has been the restored hearing of the original appeal application, the preliminary point of which was first listed on 15^th December 1998. On that occasion, the Employment Appeal Tribunal adjourned the hearing of the preliminary point in order to enable an out-of-time application for review of the original decision of the Employment Tribunal to be made in the light of an affidavit by the applicant which was placed before the Employment Appeal Tribunal on 15^th December 1998, having been sworn the day before.

The matter in due course came before the Chairman of the Employment Tribunal, sitting alone, on 28^th January 1999, an application for review by letter dated 1^st January 1999 having been submitted with the applicant's affidavit of 14^th December 1998 in support. The Chairman's decision was to refuse the review and that decision was promulgated on 8^th February 1999. It is the subject, in the alternative or additionally, of an appeal today as well as the original preliminary hearing, having been restored.

We have come to the conclusion, having regard to the papers and chronology as far as we have been able to work it out, that there is an arguable issue to be allowed to go forward for full argument.

The question for full argument is as follows. Whether, with due diligence, the applicant could have discovered the facts to which she deposes in her affidavit of 14^th December 1998 in time for those facts to have been placed before the Employment Tribunal which heard her application on 22^nd July 1998.

We direct that a chronology in the matter from September 1997 to the end of February 1999 should be prepared by those advising the appellant and agreed, if possible, with the other side prior to the listing of this matter for full argument.

We adjourn the second appeal against the refusal of a review, but direct that it should be listed for hearing immediately after the hearing of the substantive appeal and on the same day.

We consider that the matter should be categorised as C and listed with a time estimate of three hours.