United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR G MORTON (of Counsel) Mr R H Crudgington Messrs Grant Saw & Sons Solicitors 181-183 Trafalgar Road Greenwich London SE10 9EH


 


JUDGE LEVY: At the preliminary hearing of this appeal, Mr Morton who appeared below, has satisfied us that there is an arguable point to go forward as to whether the decision in Martin v Yeoman Aggregates Ltd [1983] ICR 314 was correctly applied to the findings of fact made by the Tribunal to reach the result it did.

1. The Notice of Appeal as, at present drafted, consists of six grounds whereas the appeal has one issue which we have identified with the help of Mr Morton. We have given leave to Mr Morton to amend his Notice of Appeal so as to shorten it to this one ground, namely that the Employment Tribunal erred in failing to hold that the Appellant was dismissed on 10 October 1998, though he may phrase it differently. The matters which will be dealt with in Skeleton Argument on the appeal will no doubt encompass much of what is in the present grounds of appeal. The amended notice should be served in 14 days.
2. In his submissions to us, Mr Morton has told us that it was common ground at the hearing below that the letter from the Respondent dated 1 October 1998 which is referred to in paragraph 13 of the Extended Reasons, was opened by the Appellant's husband, and the content of it communicated to the Appellant a short time afterwards. He said that this was not controverted at the hearing and he would have liked there to be a finding of fact as respects this. He does not seek, however, any assistance from us to have this fact established on appeal.
3. We will allow this appeal to go forward to a full hearing, Category C, estimated time half a day.