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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Clarke v. Arriva Kent Thameside Ltd [2000] UKEAT 341_00_1611 (16 November 2000) URL: http://www.bailii.org/uk/cases/UKEAT/2000/341_00_1611.html Cite as: [2000] UKEAT 341__1611, [2000] UKEAT 341_00_1611

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APPEARANCES

 

For the Appellant	MR D CRAIG (of Counsel) Instructed by Messrs Church Bruce Hawkes Brasington & Phillips 51-54 Windmill Street Gravesend Kent DA12 1BD


 


JUDGE LEVY QC

1. In this matter we have a Preliminary Hearing of an Appeal by Mr Simon Paul Clarke against the decision of an Employment Tribunal sitting at Ashford, Kent on 19 January 2000 when the Tribunal decided that an Application made by Mr Clarke failed. It is in one sense unnecessary for us to go into the facts because of the point, which has been taken on an amendment, which we have allowed. The point taken was that the Chairman was sitting alone and this was, putting it very shortly, improper.
2. Having heard from Mr Craig we are satisfied, that this is an arguable point and it is one that should go forward for a further hearing. Before the amendment to which we have referred, the Notice of Appeal contained a further point, on the construction of the staff handbook sickness, injury payments conditions an attack on the decision of the Chairman was made.
3. We are less sure that this should go ahead to a full hearing but deference to Mr Craig's submissions, we think that there just may be something arguable there. If the first point of appeal fails, in our judgment the Appellant should be afforded the opportunity to fall back on it.
4. In the circumstances, we will give leave to the Appellant to lodge an amended Notice of Appeal within 7 days and thereafter the matter can come forward for hearing in due course. Category C. Estimated length – half a day.