Appeal No.	 EAT/206/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 12 February 1997

Before
HIS HONOUR JUDGE C SMITH QC
MR R H PHIPPS
MR E HAMMOND OBE

MR T THOMPSON	APPELLANT

ENVIRONMENTAL SERVICES GROUP LIMITED	RESPONDENTS

Transcript of Proceedings

JUDGMENT

Revised

	APPEARANCES

For the Appellant	NO APPEARANCE BY 
OR ON BEHALF OF THE APPELLANT/RESPONDENTS	
For the Respondents		

	JUDGE C SMITH QC:	With regard to the Witness Summons, this appeal is allowed for the reasons set out in the Notice of Appeal under Grounds of Appeal at paragraphs 1-3.

	With regard to the application for a different Chairman we consider that, since the Chairman has expressed a view in the letter of 11 February 1997 as to the basis upon which the dispute should be decided, it might possibly be better if the claim were to be listed before a different Chairman.

	We should emphasise that we do not intend any criticism of the Chairman.  It is simply because of the reasons which he has given for refusing the Summons that it might possibly be appropriate to spare him possible embarrassment that a different Chairman should hear the substantive case.  However, any such application will have to be made to the Industrial Tribunal on notice to the other side.  It is not a matter which we can deal with ex parte.  At the end of the day, it must be entirely for the Chairman himself to decide, after hearing any submissions made to him, whether he can properly continue to hear the case or whether another Chairman should take it.