Appeal No.	EAT/1023/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 12 October 2000

Before
HIS HONOUR JUDGE J R REID QC
MR P R A JACQUES CBE
MR J C SHRIGLEY

MR M J KING	APPELLANT

T G HOLDCROFT (HOLDINGS) LTD	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING – EX PARTE

Revised

	APPEARANCES

For the Appellant	MR RICHARD LEIPER
(of Counsel)
Messrs Tinsdills
Solicitors
Chichester House
14 Broad Street
Hanley
Stoke-on-Trent
ST1 4EU

	JUDGE REID QC:	This is an ex parte preliminary hearing to determine whether or not Mr King’s appeal against a decision of an Employment Tribunal sitting at Shrewsbury should go to a full hearing. 

1.	For these purposes all that is necessary to say is that the tribunal decided that Mr King was constructively dismissed, but it nonetheless dismissed his claim for compensation for wrongful dismissal for reasons set out in the decision. 

2.	Thereafter the tribunal had second thoughts about its decision and the dismissal of the claim for wrongful dismissal and considered whether it could review its decision. It decided that it could not do so.

3.	In our view, the papers make it clear that there is a point which, to put it at its lowest, is capable of very serious argument. The matter should therefore, in our view, go to a full hearing, if, which may be doubtful, that is necessary. 

4.	It may be that on this point the respondents to the appeal will take the view that if the other matters stay as they are, this particular appeal should not be resisted, but that is a matter for them.