United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR C FOWLER Appellant in person


 


HIS HONOUR JUDGE LEVY QC: In this appeal, Mr Sendall, at the Tribunal on the ELAAS scheme, is attending the Appellant, Mr C Fowler, because Mr Fowler has a sight disability. Mr Fowler's appeal arises in the following circumstances. An employee of Mr Fowler, Mr P A Rees, commenced proceedings in an Industrial Tribunal for damages for breach of contract and claiming that he had been unfairly dismissed. A preliminary point was taken that the employee had not been continuously employed for a period of not less than two years ending with the effective date of termination of his employment. That preliminary point was heard by a full employment tribunal sitting at Caernarfon on 3 November 1998. In Extended Reasons, the point was determined against the employer and in favour of the employee. From that judgment, the employer, trading as Rockit Research Group, appeals.

We have explained to Mr Fowler that where a question of fact is determined by an Industrial Tribunal properly addressing itself on the appropriate law and they reach a conclusion, this Tribunal cannot interfere with the decision. It is our judgment, having looked at the Extended Reasons with some care, that the Industrial Tribunal did properly address the law and came to a finding of facts on that law, which is one which perhaps other Tribunals would not have reached but one which certainly an Industrial Tribunal was entitled to reach.

In these circumstances, this appeal has no prospects of success. Accordingly, we determine it by dismissing it at this stage.