Appeal No. EAT/668/93
	I N T E R N A L

	EMPLOYMENT APPEAL TRIBUNAL
	58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

		At the Tribunal
		On 10 February 1994

	Before

	HIS HONOUR JUDGE LEVY QC

	MRS E HART

	MISS C HOLROYD

S R DAVEY & OTHERS	APPELLANTS

GROUP 4 NIGHTSPEED LTD	RESPONDENTS

	Transcript of Proceedings

	JUDGMENT

	PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellants	MR T R NAYLOR
(EMPLOYMENT RIGHTS ADVISER)
Personnel Advisory Services
49 Warrington Road
Cuddington
Cheshire
CW8 2LN

	

	JUDGE LEVY QC:  Messrs Davey, Webb and Roberts were three employees of Group 4 Nightspeed Ltd who were dismissed on the grounds of redundancy on 31 October 1993.  All three of them claimed they were unfairly dismissed and the union agreement on the redundancy was not followed.  

	There was a hearing by the Southampton Tribunal and that Tribunal dismissed their claim and there was an application for a review of that hearing which was heard by the Chairman and on 8 July 1993 he refused their application.

	It seems, from what we have been told by Mr Naylor this morning, that the union did not represent the three Applicants below because they thought they would get an award, without such representation, that is res inter alios acto - it is nothing to do with us.  It seems to us that the findings of fact below are impeccable, as are the findings of law.  We can see no reason whatsoever to interfere with the decisions which were reached.

	In the circumstances, we have no alternative other than to dismiss this appeal.