Appeal No. EAT/0306/01

EMPLOYMENT APPEAL TRIBUNAL
SITTING AT COURT NO 70, THE ROYAL COURTS OF JUSTICE
THE STRAND, LONDON WC2A 2LL

	At the Tribunal
	On 21 September 2001

Before
MR RECORDER LANGSTAFF QC
MS S R CORBY
MR P A L PARKER CBE

MRS D LASSMAN	APPELLANT

DEE VERE UNIVERSITY ARMS HOTEL	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MR P WARD
(Of Counsel)
Instructed by
Ms Hema Patel
Messrs Levenes
Solicitors
Bedford House
125-132 Camden High Street
London  NW1 7JR	

MR RECORDER LANGSTAFF QC

1.	This is a Preliminary Hearing in an appeal, which comes to us from the Employment Tribunal sitting at Bury St Edmunds.  Extended Reasons for that decision was promulgated on 18 January 2001.  

2.	We think that there is an arguable point in the appeal.  It is this.  The Tribunal based its conclusion that the application should be dismissed upon the basis that there had been a consensual termination rather than an unfair or any dismissal.  The consensual termination is said to have risen upon the acceptance by the employee appellant of one of the options with which she was presented in a letter recited in paragraph 4 of the Tribunal’s decision.  It seems to us arguable that that letter provided the employee with only 3 options, none of which was to continue in her present employment with her present hours of work and her present terms and conditions.  If so, it is arguable that it should be interpreted as a letter which indicated a settled intention that her present contract should end.  What it was dealing with was further consequential employment following determination by the unilateral act of the employer.  If so it is certainly arguable that that was a dismissal.

3.	It is on that basis, and that basis alone that that we think there may well be force in this appeal.  The matter will take no more than 1½ hours to hear.  Skeleton arguments with photocopies of any cases to be relied upon to be put before this Tribunal no less than 7 days prior to the hearing.  It is Category C.  No further direction is required.