Appeal No.	 EAT/342/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 13 October 1997

Before
THE HONOURABLE MR JUSTICE MAURICE KAY
MRS R CHAPMAN
MR A D TUFFIN CBE

MR R CURD	APPELLANT

MR S SMYTH	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

Revised

	APPEARANCES

For the Appellant	NO APPEARANCE OR REPRESENTATION ON BEHALF OF THE APPELLANT	

	MR JUSTICE MAURICE KAY:   This is an appeal from a decision of the Industrial Tribunal sitting at Brighton. The hearing took place on 8th October 1996 and the decision was promulgated on 10th January 1997. 

	It was an application whereby Mr Smyth was seeking to recover certain sums of money which he claimed had been unlawfully deducted from his wages. The matter was considered by the Industrial Tribunal which made certain findings, the result of which was that in respect of one of Mr Smyth’s claims, a sum of £490.55, there was a finding that there had been an unlawful deduction.

	Mr Curd, the employer, seeks to appeal against that decision and today the matter is listed for preliminary hearing.

	On 25th September 1997 Mr Curd wrote to the Employment Appeal Tribunal saying that he would be unable to attend the hearing today “due to unforeseen problems with the restaurant building works currently in progress.” He went on to say that he wished to attend in person, but there were major problems and he requested an adjournment of the preliminary hearing until after the end of November 1997. By a letter dated 26th September 1997, the Registrar of the Employment Appeal Tribunal wrote to Mr Curd indicating that she had decided and directed that his appeal remain in the list for today. So far as we can see, nothing more has been heard from Mr Curd and he has not sought to appeal that decision of the Registrar. In all the circumstances, we feel disposed to deal with the matter today. 

	We have given it consideration. Mr Curd seeks to challenge the finding and also alleges bias on the part of the tribunal. As to the challenge to the finding, this was entirely a factual matter which the Industrial Tribunal considered properly and we do not find in the Notice of Appeal any arguable point of law relating to the primary finding. 

	So far as the allegation of bias is concerned, we have considered whether this would have any prospect of success at a final hearing. In our judgment, it would not. In all the circumstances, therefore, Mr Curd’s appeal is dismissed.