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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Gill v Whitbread Plc [1998] UKEAT 183_98_0911 (9 November 1998) URL: http://www.bailii.org/uk/cases/UKEAT/1998/183_98_0911.html Cite as: [1998] UKEAT 183_98_0911, [1998] UKEAT 183_98_911 |
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| At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE LINDSAY
MR J R CROSBY
MR N D WILLIS
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING - EX PARTE
| For the Appellant | THE APPELLANT NEITHER PRESENT NOR REPRESENTED |
MR JUSTICE LINDSAY: We have before us a preliminary hearing. We think that this matter should go to a full hearing. We have difficulty in seeing how the Chairman below was able to hold that the grievance procedure was not part of the employee's contract. We also have difficulty seeing why the Chairman held that a letter in the case was not a complaint under that grievance procedure. We do think that there is at least a possibility here of a material point of law, and therefore it should go to a full hearing. There should be a request to the Chairman to provide Notes of the submissions made to him and the evidence led before him which enabled him to determine that the relevant clause was not part of the employee's contract, and similarly his Notes as to why it was that the letter of 19th December 1996 that was written did not form part of the grievance procedure. With those matters mentioned, we simply sent the matter to a full hearing.
