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United Kingdom Employment Appeal Tribunal


You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> King v. TG Holdcroft (Holdings) Ltd [2000] EAT 1023_99_1210 (12 October 2000)
URL: http://www.bailii.org/uk/cases/UKEAT/2000/1023_99_1210.html
Cite as: [2000] EAT 1023_99_1210

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BAILII case number: [2000] EAT 1023_99_1210
Appeal No. EAT/1023/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
             At the Tribunal
             On 12 October 2000

Before

HIS HONOUR JUDGE J R REID QC

MR P R A JACQUES CBE

MR J C SHRIGLEY



MR M J KING APPELLANT

T G HOLDCROFT (HOLDINGS) LTD RESPONDENT


Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING – EX PARTE

© Copyright 2000


    APPEARANCES

     

    For the Appellant MR RICHARD LEIPER
    (of Counsel)
    Messrs Tinsdills
    Solicitors
    Chichester House
    14 Broad Street
    Hanley
    Stoke-on-Trent
    ST1 4EU
       


     

    JUDGE REID QC: This is an ex parte preliminary hearing to determine whether or not Mr King's appeal against a decision of an Employment Tribunal sitting at Shrewsbury should go to a full hearing.

  1. For these purposes all that is necessary to say is that the tribunal decided that Mr King was constructively dismissed, but it nonetheless dismissed his claim for compensation for wrongful dismissal for reasons set out in the decision.
  2. Thereafter the tribunal had second thoughts about its decision and the dismissal of the claim for wrongful dismissal and considered whether it could review its decision. It decided that it could not do so.
  3. In our view, the papers make it clear that there is a point which, to put it at its lowest, is capable of very serious argument. The matter should therefore, in our view, go to a full hearing, if, which may be doubtful, that is necessary.
  4. It may be that on this point the respondents to the appeal will take the view that if the other matters stay as they are, this particular appeal should not be resisted, but that is a matter for them.


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URL: http://www.bailii.org/uk/cases/UKEAT/2000/1023_99_1210.html