Appeal No.	 EAT/596/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 28 January 1999

Before
HIS HONOUR JUDGE H WILSON
MR P DAWSON OBE
MR D CHADWICK

THE DOMERS WELLS INFANT SCHOOL	APPELLANTS

MR M GILL	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellants	MR M O’CONNOR
(Representative)	

	JUDGE H WILSON:		This is the latest stage in a very unfortunately long-run dispute and really, one hopes, the penultimate stage.  We have had regard to the grounds of appeal and most particularly to the decision of the Industrial Tribunal viewed in the light of the decision of the Employment Appeal Tribunal chaired by Lord Johnston.  We find that the appeal should proceed to a full hearing upon the following question:

	Whether the Industrial Tribunal failed to find what if any, the normal retiring age was, and if so, whether it precluded itself from considering whether or not the Respondent brought himself within the jurisdiction of the Tribunal.  We consider that the appeal should be allotted to category C and two hours for the length.