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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Messier-Dowty Ltd v. Butler [1999] UKEAT 713_99_2810 (28 October 1999) URL: http://www.bailii.org/uk/cases/UKEAT/1999/713_99_2810.html Cite as: [1999] UKEAT 713_99_2810

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APPEARANCES

 

For the Appellants	MR R CLAYTON (of Counsel) Instructed by: Mr R Linskell Legal Adviser Engineering Employers Federation Broadway House Tothill Street London SW1H 9NQ


 


LORD JOHNSTON: This is a preliminary hearing to an appeal by the employer against the finding of an Employment Tribunal that the respondent employee had been unfairly dismissed.

1. For the purposes of the present hearing the substance of the issues do not matter, in as much that the only question raised was effectively that in paragraph 9 of the Employment Tribunal's decision, which states, paraphrasing it, that the employer had indicated that it would follow its disciplinary procedure in investigating what was a capability question but had not done so.
2. Mr Clayton submitted to us that he had searched in vein in the decision to find on what basis the procedure had not been properly followed, and indeed, of what basis or what difference it would have made if that was in fact the case.
3. With this we entirely agree. We consider that on the face of it, there is a substantial argument that the decision of the Employment Tribunal is defective for want of reasons to support its decision in paragraph 9 and we allow the matter to go to a full hearing on that basis.