Appeal No.	 EAT/790/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 22 November 2000

Before
HIS HONOUR JUDGE H WILSON
SIR GAVIN LAIRD CBE
MRS R A VICKERS

AFFINITY DEVELOPMENTS LTD	APPELLANTS

MR JAMES COOPER	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING – EX PARTE

	APPEARANCES

For the Appellants	MR THOMAS de la MARE
(of Counsel)
Appearing under the Employment Law Appeal Advice Scheme	

	JUDGE WILSON:	This has been the preliminary hearing of the proposed appeal by the respondent company concerning the decision of the Employment Tribunal sitting at Ashford in Kent that it had unfairly dismissed the applicant; that he had suffered a breach of contract and that they had failed to provide him with written reasons for his dismissal.

1.	The facts were shortly stated by the tribunal in its extended reasons. It is quite plain why they found as they did. 

2.	Today the respondent is represented by Mr de la Mare through the services of ELAAS. He said at the outset that the company did not dispute the findings on liability. However, he has persuaded us that the matter should go forward for full argument on two points.

3.	The first is whether the Employment Tribunal erred in law in not taking for itself the point about the discrepancy over the applicant’s rate of pay which was disclosed in the figures in the application by contrast with the appearance. 

4.	The second is whether the Employment Tribunal erred in law in making an award for unlawful dismissal and then apparently duplicating it in the award which was made for breach of contract.

5.	On those two points only we think the matter should go forward. The case to be listed as Category C, duration one hour.