United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR A PAYNE (of Counsel) Instructed By: Messrs Chanas Solicitors Plantation Wharf London SW11 3UX


 


JUDGE PETER CLARK: We have considered the grounds of appeal in this case assisted by the oral submissions made by Mr Payne before us. The appeal falls into two parts.

First, an appeal against the finding contained in paragraph 21 of the Tribunal's Extended Reasons in relation to the Appellant's claim of breach of contract.

Looking at the grounds set out in paragraphs 1 – 3 of the grounds of appeal, we are satisfied that this point is arguable and should proceed to a full appeal hearing.

Equally, we are satisfied that the question of the procedural fairness of this dismissal ought to be considered at a full appeal hearing, in particular by reference to the House of Lords decision in West Midlands Co-operative Society Ltd v Tipton [1986] ICR 192.

We think it arguable that the Tribunal's approach at paragraph 19 (l) of their reasons is incorrect at law.

Accordingly, the appeal will proceed as presently constituted. It will be listed for three hours, Category C. There will be exchange of skeleton arguments between the parties not less than 14 days before the date fixed for the full appeal hearing, the Appellant to prepare in addition a chronology.

The parties are to prepare a bundle of documents limited to those documents which were before the Employment Tribunal and which are relevant to the issues raised in this appeal.

Finally, we do not regard it as necessary for there to be Chairman's notes of evidence.