Appeal No. EAT/1009/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 9 December 1999

Before
HIS HONOUR JUDGE D PUGSLEY
MR R SANDERSON OBE
PROFESSOR P D WICKENS OBE

MR A WOODS	APPELLANT

LAMBETH SERVICE TEAM LTD	RESPONDENT

Transcript of Proceedings

PRELIMINARY HEARNG

Revised

	APPEARANCES

For the Appellant	MS R LOWES
(Solicitor)
Messrs Taylor Willcocks
Essex House
12-13 Essex Street
London WC2R 3AA	

HIS HONOUR JUDGE D PUGSLEY

1.	This is a case where we would be much helped by the submissions of Ms Lowes, in her skeleton argument.  We have the advantage of a preliminary decision of Mr Justice Morison, sitting in Chambers because the original Notice of Appeal was out of time.  The appeal arises out of a decision by the Industrial Tribunal to review its own decision.  Initially it had found that Applicant was unfairly dismissed, it then reviewed its decision and found he was fairly dismissed.  Mr Justice Morison in the interlocutory appeal at paragraph 6 of page 3 said this:

“It seems to me quite clear that the course which was adopted by this Employment Tribunal is not only unusual, but may well be legally defective, I therefore am faced with a Notice of Appeal, which was out of time in relation to what may well be described as a procedural blunder”.  

2.	We formed our own view of this before we looked at the preliminary judgment.  Our view is the same as Mr Justice Morison; that it may well be that the full Tribunal may come to the view that what was done on this case was an error of law.  That is a course or matter for a full argument.  We think this is a half day case.  We do not see any reason to order the Chairman’s notes.  We consider that as it raises matters which may be of wider importance than its impact on the parties it justifies a Class B assessment.