Appeal No.	 EAT/341/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 16 November 2000

Before
HIS HONOUR JUDGE D M LEVY QC
LORD DAVIES OF COITY CBE
MR J HOUGHAM CBE

MR SIMON PAUL CLARKE	APPELLANT

ARRIVA KENT THAMESIDE LTD	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MR D CRAIG
(of Counsel)
Instructed by
Messrs Church Bruce Hawkes
Brasington & Phillips
51-54  Windmill Street
Gravesend
Kent
DA12 1BD	

JUDGE LEVY QC

1.	In this matter we have a Preliminary Hearing of an Appeal by Mr Simon Paul Clarke against the decision of an Employment Tribunal sitting at Ashford, Kent on 19 January 2000 when the Tribunal decided that an Application made by Mr Clarke failed.  It is in one sense unnecessary for us to go into the facts because of the point, which has been taken on an amendment, which we have allowed.  The point taken was that the Chairman was sitting alone and this was, putting it very shortly, improper.

2.	Having heard from Mr Craig we are satisfied, that this is an arguable point and it is one that should go forward for a further hearing.  Before the amendment to which we have referred, the Notice of Appeal contained a further point, on the construction of the staff handbook sickness, injury payments conditions an attack on the decision of the Chairman was made.

3.	We are less sure that this should go ahead to a full hearing but deference to Mr Craig’s submissions, we think that there just may be something arguable there. If the first point of appeal fails, in our judgment the Appellant should be afforded the opportunity to fall back on it.

4.	In the circumstances, we will give leave to the Appellant to lodge an amended Notice of Appeal within 7 days and thereafter the matter can come forward for hearing in due course.  Category C.  Estimated length – half a day.