Appeal No.	 EAT/425/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 23 July 1999

Before
HIS HONOUR JUDGE D M LEVY QC
MRS J M MATTHIAS
MR S M SPRINGER MBE

MR T J HOLBROOK	APPELLANT

PEARCE FESTIVE LIGHTING LTD	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MR D GREENE
(of Counsel)
APPEARING UNDER
EMPLOYMENT LAW
APPEALS ADVICE 
SCHEME
(ELAAS)

	JUDGE LEVY:	This appeal by Mr D J Holbrook follows a decision of Industrial Tribunal promulgated as recently as 15 February 1999, when they held that he was not unfairly dismissed, but ordered the Respondent to the Appeal, his employer, to pay damages of £423.07 breach of contract.

1	It is quite apparent from the four corners of the decision that the Appellant was to be paid quarterly and indeed the Tribunal say in paragraph 16 of their decision:

“For someone in his position we consider that a reasonable period of notice would have been 3 months.  This is one week short of the 11 weeks that the applicant has already received.”

In our judgment if a period of three month’s notice is given, prima facie the reference is to a period of 13 weeks.  What was given here prima facie was two weeks short of the Applicant’s entitlement.  Rather than send this matter for a full appeal which the Respondent might find expensive, it seems sensible to us to take this course:  to remit the matter back to the Employment Tribunal to consider whether it can review its decision, unless the Respondent chooses in the meantime to pay the modest sum which Mr Holbrook claims is still due to him.  We thank Mr Greene for his assistance on this matter.  If no solution satisfactory to the Appellant has been reached, the Appeal must go to a full hearing.