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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Wyndham (t/a John Wyndham Hair Care) v Miller [2002] UKEAT 1034_02_0212 (2 December 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/1034_02_0212.html Cite as: [2002] UKEAT 1034_02_0212, [2002] UKEAT 1034_2_212

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APPEARANCES

 

For the Appellant	MR JOEL DONOVAN (of Counsel) Appearing under the Employment Law Appeal Advice Scheme


 


HIS HONOUR JUDGE J ALTMAN

1. On this preliminary hearing to determine if there are points of law properly arguable in full before the Employment Appeal Tribunal, there are two points of appeal which we permit to go forward to a full hearing; however we do so with some reservations, and that is why we are giving a short judgment.
2. The first ground is that the Tribunal were effectively inconsistent with their own reasoning, when, having held that a fair procedure would have led to dismissal in two weeks, the Tribunal then awarded a sum of money for loss of statutory rights, as part of the compensatory award, and that argument, it seems to us, speaks for itself.
3. On the second ground, the Employment Tribunal found unfairness in the procedure adopted by the employer in a number of respects, but a major one was in relation to the absence of an appeal hearing, which they found in spite of the employer being small, could nonetheless have been explored.
4. We were doubtful if that really raised an issue of law, but having been referred to Tiptools Ltd -v- Curtis [1973] IRLR 276, where that Court held that the need for an appeal did not exist effectively in small companies or businesses, it seems to us that an arguable point of law arises.
5. It may be that times have moved on, and the current ACAS Code and the views of Courts and Tribunals as to proper practice, fall to be taken into consideration and that it is time for that case to be reviewed, but the proper place for that is at a full hearing, and that is why this matter will proceed to a full hearing, to be listed for one hour in Category C, automatic directions will apply, and there will be a transcript of this judgment.