United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	IAN SCOTT (of Counsel) Instructed by: Messrs Pattinson & Brewer 71 Kingsway London WC2B 6ST


 


JUDGE D M LEVY QC

1. This is the preliminary hearing of an appeal by an employee Applicant to an Employment Tribunal regarding a deduction from his wages which, it was alleged, was contrary to Section 13 of the Employment Rights Act 1996. His complaint, heard by an Employment Tribunal sitting in London South on 10 and 11 April 2000 failed on this point. He failed and from that failure he wishes to appeal.
2. The central point of the appeal is that there was an agreement made between the union and the Respondent, which ran for 18 months, in which the point which was taken at the Tribunal was not taken.
3. Those to the left and right of me think that there may be great difficulties in the Appellant succeeding on the appeal, but it is common ground there is an arguable point to be put forward, really based on the finding at paragraph 11 of the facts found by the Tribunal in paragraph 4 as the authoritative guide of what was known about it thereafter.
4. Mr Scott's Notice of Appeal runs to some pages; we will allow the appeal to go forward, but we have asked Mr Scott to cut down the Notice of Appeal, so it states succinctly in the one paragraph, the challenge we have identified.
5. It is thought that the evidence of Mr Howell, who is the Appellant, on his knowledge of the agreement, might be of assistance to the Tribunal hearing at the full appeal in due course, and we therefore ask the Chairman to provide notes of that hearing.

Category C - half a day.