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United Kingdom Employment Appeal Tribunal


You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Howells Glazing Systems v Cooper [1997] UKEAT 800_97_1710 (17 October 1997)
URL: http://www.bailii.org/uk/cases/UKEAT/1997/800_97_1710.html
Cite as: [1997] UKEAT 800_97_1710

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BAILII case number: [1997] UKEAT 800_97_1710
Appeal No. EAT/800/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
             At the Tribunal
             On 17 October 1997

Before

HIS HONOUR JUDGE H J BYRT QC

MR D J JENKINS MBE

MR J A SCOULLER



HOWELLS GLAZING SYSTEMS APPELLANT

MR B COOPER RESPONDENT


Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

© Copyright 1997


    APPEARANCES

     

    For the Appellants MR N MILLS
    (Solicitor)
    Messrs Stables & Co
    Solicitors
    Maybrook House
    Queensway
    Halesowen
    West Midlands
    B63 4AH
       


     

    JUDGE BYRT QC: This is a preliminary hearing in relation to an appeal against a decision of the Industrial Tribunal sitting in Birmingham. Its decision was promulgated on 25th May 1997 when it held that the employee had been unfairly dismissed and awarded him the sum of £8,090.00. It is against that decision the employer appeals.

    We have in fact looked through the tribunal's decision, and it is brief and scanty to say the least. But criticism is that there is no story told; there are no findings of fact and no recitation of the evidence upon which such findings were made. In all the circumstances, we feel that this case must go forward to a full hearing for a thorough scrutiny of the decision.

    A fact which we think we should mention is that there is no indication at all that the Industrial Tribunal considered the question of contributory fault. One would have thought that in a case like this that at least was a relevant factor to which the tribunal should have given its mind when coming to a decision on the question of compensation.

    Application for Chairman's Notes of Evidence dismissed.


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URL: http://www.bailii.org/uk/cases/UKEAT/1997/800_97_1710.html