Appeal No.	EAT/1034/02/TC

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 2 December 2002

Before
HIS HONOUR JUDGE J ALTMAN
MS J DRAKE
MRS A GALLICO

JOHN WYNDHAM t/a JOHN WYNDHAM HAIR CARE 	APPELLANT

MISS K MILLER	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	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.