Appeal No.	 EAT/593/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 29 July 1998

Before
HIS HONOUR JUDGE J HULL QC
MR D J JENKINS MBE
MISS D WHITTINGHAM

TELEWEST COMMUNICATIONS LTD	APPELLANTS

MR D C BRISCOE	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellants	MR P IRVIN
(of Counsel)
Messrs M J Kusel & Co
Solicitors
124 Aldersgate Street
London
EC1A 4JQ	

	JUDGE J HULL QC:     We are concerned only with whether there is a point which, in our view, is a fairly arguable point of law.  After hearing Mr Irvin, to whom of course we are grateful, we are just satisfied that the point which he takes is fairly arguable; that is to say that the Industrial Tribunal should have considered further the question whether the appeal to Mr Fishwick cured the matter.  In particular, should the Tribunal have paid attention to the submission that Mr Fishwick had satisfied himself that three of the four salesmen who made statements were in his view trustworthy, and have said why they thought it was wrong for the employer to proceed on that basis?

	We, of course, say nothing whatever about the prospects of success; we are concerned here with whether it is fairly arguable.  In our view that is an arguable point.  It need hardly be said that the view of the Tribunal which eventually hears this appeal is something which we cannot for one moment predict.

	We are not prepared as at present advised to order any evidence at all.  It seems to us that it is a point which is free standing and, if I may say so, well argued and perfectly clear to us.  That is the only point on which we wish to allow the appeal to proceed.