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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Hitchcock v Vale Castings Ltd [1998] UKEAT 677_98_0110 (1 October 1998) URL: http://www.bailii.org/uk/cases/UKEAT/1998/677_98_0110.html Cite as: [1998] UKEAT 677_98_110, [1998] UKEAT 677_98_0110 |
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| At the Tribunal | |
Before
HIS HONOUR JUDGE H J BYRT QC
MS B SWITZER
MR T C THOMAS CBE
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
| For the Appellant | Mr S Bloch (of Counsel) (ELAAS) |
JUDGE JOHN BYRT QC: This is a case where it is alleged by the Appellant as he now is, that he has been unfairly dismissed as a result of either being dismissed or constructively dismissed. It is apparent from correspondence we have been referred to that the Respondents are also alleging that they directly dismissed Mr Hitchcock. On a limited persual of the correspondence we have taken the view that the Employment Tribunal who heard this case, did not have it clearly in mind at the time when they came to the conclusion that the Applicant's claim had failed. We have been referred to the case of GEC Machines v Ridley in which it was stressed that in cases where it has been alleged that constructive dismissal has occurred, it might well lead to denial of justice to hear one side of the story only. This is what happened in this case. It was appreciated by the Tribunal that it was most unusual to stop the case at half way, but we take the view that it is arguable that points of laws and issues of fact which would have arisen on a perusal of the correspondence, were not properly ventilated and considered by this Tribunal. In all the circumstances therefore we give leave for this matter to go forward to a full hearing.
