Appeal No.	 EAT/1377/96

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 13 February 1997

Before
THE HONOURABLE MR JUSTICE MORISON (P)
MR D J JENKINS MBE
MR R N STRAKER

FOWLERS DEPOSITORIES
(MORECAMBE & HEYSHAM) LTD	APPELLANTS

MR A DIXON	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellants	NO APPEARANCE BY OR 
REPRESENTATION ON
BEHALF OF THE 
APPELLANTS	

	MR JUSTICE MORISON (PRESIDENT):     The purpose of this hearing is to determine whether there is an arguable point of law in Fowlers Depositories (Morecambe & Heysham) Ltd’s proposed appeal against a unanimous decision of an Industrial Tribunal, held at Manchester on 16 May and 6 June 1996.  The decision which was sent to the parties on 22 July 1996, was that the Applicant was unfairly dismissed and the Respondent was in breach of contract.  The net effect of that was that the employee was awarded a grand total of £4,472.80p.  This decision was not in Extended Reasons form.

	A party has a limited period of time in which to apply for Extended Reasons.  They did not apply within the appropriate time limit.  It appears to have been their suggestion that they had asked for leave to appeal in time, bearing in mind the date when they said the decision had been sent to them.

	The Industrial Tribunal considered that submission and were of the view that they were satisfied that the decision had been sent to the Respondent on 22 July 1996, as the decision itself records.

	In those circumstances, no satisfactory explanation having been put forward for the failure to apply for written Extended Reasons in time, we are of the view that the Industrial Tribunal’s refusal to provide them cannot be faulted and accordingly, we should dismiss this appeal.