Appeal No.	EAT/1331/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 12 October 2000

Before
HIS HONOUR JUDGE J R REID QC
MR P R A JACQUES CBE
MR J C SHRIGLEY

MS H TILLY	APPELLANT

LIVERPOOL CITY COUNCIL	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING – EX PARTE

Revised

	APPEARANCES

For the Appellant	THE APPELLANT NEITHER PRESENT NOR REPRESENTED	

	JUDGE REID QC:		This is an ex parte preliminary hearing on an appeal by Ms H Tilly against a decision of a Chairman sitting alone in the Industrial Tribunal at Liverpool on 18th July 1997 whereby he decided on a preliminary question that the applicant did not have the requisite two years service to qualify for making a complaint of unfair dismissal.

1.	In the light of what we have decided, the less we say about this case today the better. 

2.	The position is that we have Notice of Appeal, we also have a skeleton argument on behalf of the appellant, who has not felt able to attend in person.

3.	On the face of it, it would appear that there are inconsistencies between the skeleton argument and the Notice of Appeal. In those circumstances, we think that the appropriate course is to adjourn this matter for a period, so that it can be relisted in not less than 14 days time, to give the appellant an opportunity to consider whether, on that further hearing, she will wish to apply to amend her Notice of Appeal and to produce a draft amended Notice of Appeal for consideration on that occasion. 

4.	The adjournment will also make it possible for the tribunal to furnish the Employment Appeal Tribunal with the bundle of documents R1 to which reference is made in the reasons. Although it is not clear that there is any specific reference to the other bundle which was evidently before the tribunal, bundle A1, for the avoidance of doubt and the avoidance of any possible confusion in the future, it would probably be desirable if the other bundle, A1, were also provided.

5.	We therefore direct that this matter be adjourned not less than 14 days to give the appellant an opportunity to consider whether she wishes to amend her Notice of Appeal and to formulate the amendment she wishes to ask for and for the provision of those paginated bundles.