Appeal No. EATS/0004/02

EMPLOYMENT APPEAL TRIBUNAL
52 MELVILLE STREET, EDINBURGH EH3 7HF

	At the Tribunal
	On 25 September 2002

 
Before
THE HONOURABLE LORD JOHNSTON
MISS S B AYRE
Ms A E ROBERTSON

 

MRS MARY JANE DALGETY BARN	APPELLANT

 

 
J M HODGE & SON	RESPONDENTS

 
 
Transcript of Proceedings
 
JUDGMENT

 

 

 

 

 

	APPEARANCES

 

For the Appellant	Mr K M Glass, Solicitor 
Of-
Messrs Blackadders
Solicitors
30 & 34 Reform Street
DUNDEE   DD1 1RJ
 	
For the Respondents	Mr S J Lafferty, Solicitor
Of-
Messrs J M Hodge & Son
Solicitors
28 Wellmeadow
BLAIRGOWRIE   PH10 6AX

 

LORD JOHNSTON:
 
1.	This appeal and cross-appeal raise separate issues, the latter being concerned with whether there was a dismissal and the former being concerned, essentially, with issues of compensation and contribution.
 
2.	At the outset of the hearing before us, Mr Glass, who appeared for the appellant employee, informed us that after discussion with his opponent, they were essentially agreed that the reasoning of the Tribunal was defective in the sense that it contained no adequate basis for an assessment of credibility, particularly, of the appellant and Mr Hodge, which was critical to the whole question of what happened between the parties.  Mr Glass accepted that he was in a difficult position to resist the cross-appeal.
 
3.	We are in complete sympathy with this approach since it is apparent to us that serious credibility issues have not been addressed with adequate reasoning by the Tribunal, and therefore the decision cannot stand in the interests of justice.
 
4.	In these circumstances we will allow the cross-appeal and remit the matter for a further hearing on all matters before a freshly constituted Tribunal.