Appeal No. EAT/1331/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 26 April 2001

Before
HER HONOUR JUDGE A WAKEFIELD
MR J R CROSBY
SIR GAVIN LAIRD CBE

MS H TILLY	APPELLANT

LIVERPOOL CITY COUNCIL	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	NO APPEARANCE OR
REPRESENTATION
BY OR ON BEHALF OF
THE APPELLANT	

HER HONOUR JUDGE A WAKEFIELD

1	This is an ex parte Preliminary Hearing to determine whether the appeal of Ms Tilley against the decision of an Employment Tribunal at Liverpool sitting on 18 July 1997 should proceed to a Full Hearing by reason of there being an arguable point of law.  There has been no appearance by either party today and the decision is made on the basis of the documentation.

2	The Appellant’s claim for a remedy for unfair dismissal failed at a Preliminary Hearing at the Employment Tribunal by reason of a finding that she did not have the requisite two year period of continuous service.  The Employment Tribunal found that her employment had commenced on 1 November 1994 and was determined on 11 October 1996.  The Appellant had alleged that periods of employment with local authorities and others in the past were part of a period of continuous employment with the Respondent.

3	Having read the documentation before the Employment Tribunal and its decision, we do not consider that there has been any mistake of law.  In particular, the contract of employment issued to the Appellant by the Respondent expressly provides for the commencement date of the employment being 1 November 1994.  We refer to that part of the contract of employment headed, “date of commencement of employment” and to paragraph 6 of that contract.  The Employment Tribunal was therefore quite correct in finding that there was no express or implied alternative intention.  The appeal is therefore dismissed and permission to appeal is refused.