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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Skelton Transport Group Plc v. Simpson & Ors [1999] UKEAT 1027_99_0712 (7 December 1999) URL: http://www.bailii.org/uk/cases/UKEAT/1999/1027_99_0712.html Cite as: [1999] UKEAT 1027_99_712, [1999] UKEAT 1027_99_0712

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APPEARANCES

 

For the Appellant	Mr Smith (Representative)


 


HIS HONOUR JUDGE D PUGSLEY

1. This is a case which comes before us as an appeal from an Employment Tribunal sitting in Southampton, which by a decision promulgated on 7^th July 1999, made an order that the Applicant be paid £200 in respect of non payment and an order that the Applicant was unfairly dismissed and the fifth Respondent further ordered to pay £8,876 unfair dismissal compensation. The sole ground of appeal which is being put before us is on the amount of wages due to Mr Simpson, was less than that suggested at the hearing. We must make it clear what our role is. Our role is not to rehear cases, and we are all of the view that we are being asked to deal with this issue as though we are a Tribunal whose task is to determine issues of fact.
2. We are unanimously of the view that we are going to adjourn this application generally, because it seems to us that this is eminently a matter which should be dealt with by review. It is not for us to advise Mr Smith, but his application for a review is clearly out of time. He should give his reasons why it is out of time and send the documentation which he considers justifies the application being reviewed. We are not dismissing the appeal; we are adjourning it generally and this gives the Appellants an opportunity of coming back to this Tribunal if it is appropriate. We really think this is the sort of matter which ought to be dealt with by way of application reviewing the first instance rather by way of appeal as an error of law.