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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Legg Brothers Ltd v. Fullwood [2002] UKEAT 0587_01_1204 (12 April 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/0587_01_1204.html Cite as: [2002] UKEAT 587_1_1204, [2002] UKEAT 0587_01_1204

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APPEARANCES

 

For the Appellant	MR L MENZIED (of Counsel) Appearing under the Employment Law Appeal Advice Scheme


 


RECORDER LANGSTAFF:

1. This case, is a restored preliminary hearing in an appeal against the Employment Tribunal's decision when it sat at Birmingham in respect of the complaint by Ms Fullwood of unfair dismissal and unlawful deductions from wages. There is unfortunately a conflict which this Tribunal is unable to resolve without further information in order to see whether there is or is not an arguable point which merits consideration at a hearing at which the Respondent will be represented.
2. It is very regrettable that this is the case but we are faced with a clear conflict of recollection between Mr Legg on the one hand and the Chairman of the Birmingham Tribunal on the other in two respects. The first is a divergence of recollection as to whether he did or did not say at the outset of the hearing and perhaps on occasions thereafter words to the effect that it was a waste of time and money that the Legg brothers had consulted a solicitor, and secondly as to a declaration by the Chairman on behalf of the Tribunal that he would not entertain any evidence which was not given by a person who appeared personally before him to give evidence, thus excluding any consideration irrespective of weight that might be given to the statement of Patrick Legg.
3. We are told that Mr Legg's daughter, Catherine Legg was present at the Tribunal and we are told that the Appellant would wish to submit what evidence she can give before us. In the light of that we would invite the Appellants within 14 days to provide this Tribunal with an affidavit from her as to her recollection in respect of those 2 matters. Upon receipt of that further material, if it is forthcoming within that time, this Tribunal invites the lay members of the Birmingham Tribunal to give what recollection they can upon the affidavit of Mr Legg and if it transpires Ms Legg concentrating upon the two points identified. We also invite the Chairman to add such additional comments as he thinks fit upon the affidavit of Ms Legg. We very much regret that this case is taking on something of the aspect of the trial of the issue of bias but in view of the direct conflict we do not feel that we can properly resolve the question of whether it even raises an arguable point without at least seeing and considering that further material.
4. In those circumstances this preliminary hearing is adjourned and the matter will be restored for further preliminary hearing upon receipt of such of the material as is forthcoming.