Appeal No.	 EAT/863/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 27 October 1999

Before
THE HONOURABLE MR JUSTICE HOLLAND
LORD DAVIES OF COITY CBE
MR T C THOMAS CBE

MR N L BUSH	APPELLANT

ROLLS ROYCE PLC	RESPONDENT

Transcript of Proceedings

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	Mr R Leiper 
(of Counsel)	
For the Respondent		

	MR JUSTICE HOLLAND:	This matter is listed before us this morning by way of a Preliminary Hearing.  It is our task to decide whether the appeal discloses a point of law if such point is disclosed then it is our further task to adjourn this matter so that this tribunal may have the benefit of an a benefit of interparties hearing.  

2.	Happily, Mr Bush has Applicant and Appellant as very recently had the advantage of obtaining legal representation.  That representation via Mr Leper if not via other sources as well as identified a point immediately arising out of the reliance of the Tribunal below on the case of O’Neil v Simm & Co 1998 IRLR 233.  

3.	The issue is raised.  Can that decision stand in light of the subsequent decision of the House of Lords in            v. London Regional Transport 1999 IRLR.  There is a further point that has now emerged and that is a point about ………… out of section 5(2) of the act.  It particularly appears in paragraph 8 of an amended grounds of appeal.  Those points, having been identified, those points having …………………………………….strength, this tribunal has no hesitation in adjourning this matter so that it may return to the list on an interparties basis.  

4.	The only other matter that we need apply …………………………….at the moment is the matter of the grounds of appeal, we have before us a draft prepared by Counsel.  We are told that Counsel wishes to confirm the content of such and with those who instruct him and it maybe that the final draft will demonstrate some variation but even allowing for that we give leave for service of the grounds of appeal within 7 days of today.