Appeal No.	 EAT/55/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 9 February 1998

Before
HIS HONOUR JUDGE PETER CLARK
DR D GRIEVES CBE
MRS E HART

P & O CRUISES LTD	APPELLANT

MR A B NEWBY	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MISS M PITTORDIS
(Solicitor)
Messrs Hill Taylor Dickinson
Solicitors
Irongate House
Duke's Place
London 
EC3A  7LP	

	JUDGE CLARK:   This is an appeal by the employer, P & O Cruises Ltd against a decision by a majority of the Southampton Industrial Tribunal sitting on 7 October 1997, that the Applicant before the Tribunal, Mr Newby, was fairly dismissed.

	This case raises an issue as to the proper application of the test identified by Mr Justice Browne-Wilkinson in Iceland Frozen Foods Ltd & Jones [1982] IRLR 439, in circumstances where the employment is regulated by the Code of Conduct for the Merchant Navy agreed between the employers and the relevant trade union, and where the Merchant Shipping Act emphasises the importance of safety and discipline on board ships.  

	The main burden of the Appellant’s complaint is that the majority in their reasons applied their own judgement or, at any rate, the judgement of industry at large, rather than the test of the reasonable ship owner.  It is said that, had that test been applied, the conclusion would, inevitably, have been that drawn by the minority Member, the Chairman in this case, for the reasons which he gave.

	At this Preliminary hearing stage we are concerned only as to whether or not the appeal raises an arguable point of law.  In our judgement it does and therefore we shall allow the matter to proceed to a full appeal hearing.  The case will be listed not before 11.30 a.m. on a date to be fixed.  Category C.  There will be exchange of Skeleton Arguments between the parties, not less than fourteen days before the date fixed for the full appeal hearing.  Copies of those Skeleton Arguments to be lodged with this Tribunal.