At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE CHARLES
MS G MILLS
MR K M YOUNG CBE
APPELLANT | |
T/A MAW WOODMACHINERY |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT |
MR JUSTICE CHARLES: This appeal comes before us today on a preliminary hearing pursuant to our Practice Direction.
"The decision of the Tribunal is perverse on the facts for the following reasons:
(a) Respondent in IT1 states reasons for dismissal, redundancy but at the Employment Tribunal hearing capability of the employee was put forward. The Respondent both at the time of the dismissal and on completion of the IT3 stated redundancy but at the Tribunal argued capability. Applicant's contention that the Employment Tribunal erred in law by assuming that the Applicant not prejudiced by the substitution of capability for redundancy."