Appeal No.	 EAT/406/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On  1 July 1998

Before
THE HONOURABLE MR JUSTICE MORISON (P)
MR R JACKSON
MISS D WHITTINGHAM

MR C J EFSTRATIOU	APPELLANT

THE CUMBERLAND HOTEL & 
CAPE DUTCH RESTAURANT	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

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

	MR JUSTICE MORISON (PRESIDENT):     The purpose of this hearing is to determine whether Mr Efstratiou has an arguable point of law in an appeal which he wishes to raise against a decision of an Industrial Tribunal Chairman, sitting on his own at Norwich on 2 December 1997.  By that decision the Industrial Tribunal concluded that Mr Efstratiou’s employment with the Respondent as a commi chef had come to an end by reason of the doctrine of frustration.  In this case the employers in fact gave him one month’s notice.

	It seems to us arguable in those circumstances that, even if this had potentially been a case of frustration, by reason of the fact that the employers elected to give him notice, the contract did not terminate as a result of a frustrating event.  But there will be a question in any event, as to whether, having regard to Mr Efstratiou’s state of health he would have been entitled during that month, to have received any payment.

	Despite the fact that there may not be much involved in this case in terms of any money, it seems to us that, in accordance with our duty, we must ask ourselves the question whether there is an arguable point of law.  We consider that there is for the reasons that I have given and accordingly, the matter must be allowed to proceed to a full hearing.  Category C, one hour.