United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR P GILROY (Of Counsel) Instructed by Eversheds Cloth Hall Court Infirmary Street Leeds LS1 2JB


 


JUDGE PUGSLEY

1. This is a case where all we have to decide is whether there is an arguable point. In this case we are assisted by Mr Gilroy who appears on behalf of the Appellant. The essential feature running through these grounds of appeal is that the Tribunal misdirected itself as to the proper construction of the disciplinary hearing and indeed was imposing a requirement that the employee should be consulted at every stage; even if as to whether there should be a disciplinary hearing.
2. Certain subsidiary points are made thereafter but that, I think it would be fair to say, is a central point that this Tribunal was imposing far too high a standard by its construction of disciplinary procedure as to contractual requirements imposed on the employer. Mr Gilroy contends that the Tribunal went on to misdirect itself as to the breaches of the implied contractual obligation of mutual trust and confidence.
3. We are all of the view that the matters raised are arguable. We do not think it would be right to get beyond that. The time estimate is three hours; Category C. Leave given to amend the ground of appeal within 14 days of this judgment.
4. The Chairman's Notes to be given on the limited basis sought.