Appeal No.	 EAT/1023/01

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 22 January 2002

Before
MR COMMISSIONER HOWELL QC
MRS T A MARSLAND
PROFESSOR P D WICKENS OBE

BRIDGEND BOROUGH COUNCIL	APPELLANT

MRS P M SUTTON	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING EX PARTE

Revised

	APPEARANCES

For the Appellant	Mr Peter Oldham
(of Counsel)
Bridgend Borough Council Legal & Property Dept
Civic Offices
Angel Street
Bridgend
CG31 4WB	

MR COMMISSIONER HOWELL QC

1	We have been satisfied that there are sufficiently arguable grounds disclosed in the Notice of Appeal, paragraphs 5 to 8 inclusive, to warrant our directing that those issues should go forward to a Full Hearing before the Employment Appeal Tribunal.

2	Having heard Mr Oldham for the Appellant Council on the remaining grounds of the Notice of Appeal we have concluded that we have not been satisfied that there are sufficiently arguable and material grounds on issues 1, 2, 3 and 4 to warrant our directing a Full Hearing on those grounds, and as regards those grounds we therefore now dismiss the appeal.  In particular, we consider that the Tribunal’s decision that the Applicant had been dismissed on grounds relating to capability and that the contract of employment had not come to an end by operation of law, was justified and was not arguably erroneous in law.  We say that in particular in view of the way in which the case had been put forward on behalf of the Council in the Respondent’s notice dated 6 June 2000, in which it specifically stated that it agreed that the Applicant had indeed been dismissed and asserted that the sole reason for her dismissal had been capability.  In that context we think that the conclusions that the Tribunal expressed on the way in which the contract came to an end, although in some respects fairly succinctly recorded, were sufficient for the purpose and ought to have given rise to no difficulty in the parties understanding them.

3	Accordingly, having dismissed the appeal as regards 1, 2, 3 and 4, we will direct a Full Hearing on 5, 6, 7, and 8.  That is to be set down in listing Category C, because those issues relate only to the facts of this case.  Estimated length of hearing half a day.  Again it is entirely on the way the Tribunal approached the matter as recorded in their reasons, so no Chairman’s notes are needed.  Skeleton arguments are to be exchanged between the parties and lodged with the Employment Appeal Tribunal office not later than 14 days before the date to be fixed for the Full Hearing.