Appeal No.	 EAT/1274/96

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 16 April 1997

Before
HIS HONOUR JUDGE D M LEVY QC
MR T C THOMAS CBE
MS D WARWICK

A T SMITH T/A SB MANAGEMENT	APPELLANTS

(1) MR C MADDOX
(2) MRS C FULSTON	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellants	NO APPEARANCE BY OR
REPRESENTATION ON
BEHALF OF THE
APPELLANTS	

	JUDGE D M LEVY QC:     This is an appeal by Mr A.T. Smith trading as SB Management against a decision of the Industrial Tribunal held at London (South) on 16 September 1996.

	No one has attended on behalf of Mr Smith, who was the Respondent before the Industrial Tribunal, but having considered the documents, we are of the opinion that the appeal should be allowed to go ahead on one of the questions raised in the Notice of Appeal; that is, that there was no proper hearing by the Industrial Tribunal and we will give directions solely for the appeal to go forward on this point.

	Mr Smith has sworn an affidavit dated 7 November 1996, setting out the grounds on which he felt he was not given a fair or proper hearing and that the Chairman, by a letter dated 13 March 1997, has given his explanation.  From the Chairman’s letter it appears that the case was called on at 4 o’clock and concluded at 5.20 pm.  Mr Smith’s case is that he simply did not get a proper hearing.  

	We direct that the Applicants below (the Respondents to this appeal) have liberty to lodge and serve an affidavit in reply to Mr Smith’s affidavit if they so wish and they will be given 28 days so to respond.  It will be right, after the response, if any, has been received that the Chairman and those who sat with him at the hearing should be given the opportunity to comment if they wish on such responses indeed the members who sat with the Chairman at the hearing should be entitled to send their comments to this Tribunal on all affidavit evidence served.

	After that period, the matter should come on for an inter partes hearing solely on this ground of appeal.

	The order will provide for cross-examination of any deponents to affidavits if that is required by the other side.  A notice of such request should be given within six weeks of today.