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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Fox v. Willis Howells Financial Services & Ors [2001] UKEAT 1399_99_0103 (1 March 2001) URL: http://www.bailii.org/uk/cases/UKEAT/2001/1399_99_0103.html Cite as: [2001] UKEAT 1399_99_0103, [2001] UKEAT 1399_99_103 |
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At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE HOOPER
LORD GLADWIN OF CLEE CBE JP
MR T C THOMAS CBE
APPELLANT | |
(2) GIBBS DENTLEY (3) SECRETARY OF STATE FOR TRADE AND INDUSTRY |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MISS LEILA ONG (Lay Representative) Cambridge Citizens Advice Bureau 72/74 Newmarket Road Cambridge CB5 8DZ |
For the Respondents | THE RESPONDENTS NEITHER PRESENT NOR REPRESENTED |
MR JUSTICE HOOPER: This is an appeal against the decision of the Employment Tribunal, Mr D R Crome, sitting alone, given on 21st October 1999. The appeal was set down for an ex parte preliminary hearing. On 5th May 2000 the Employment Appeal Tribunal ordered that the appeal be allowed to proceed to a full hearing. The respondents are not represented, although we have the benefit of short written submissions in which reliance is placed on the reasoning of the Chairman.
"1. The Appellant, Mrs Fox was employed by the 1st Respondent; Willis Howells Financial Services for many years. She contends the business of the 1st Respondents was transferred to the 2nd Respondent Gibbs Denley. The 2nd Respondent denies that a relevant transfer took place. It appears that the 1st Respondent is now insolvent. Hence the Secretary of State has been joined to these proceedings, commenced by an Originating Application presented to the Bury St Edmunds Employment Tribunal on 5 May 1999, as 3rd Respondent. By that complaint she claimed:
"Unfair dismissal, redundancy payment, unpaid wages, breach of contract, insolvency payments."
In the particulars of her complaint she claims a redundancy payment; 12 weeks pay in lieu of notice and a shortfall in the employer's contributions to the pension plain of which she was a member, there quantified at £3,822.
2. On 11 August the Appellant's representative, Mr Tillett wrote to the Employment Tribunal in these terms:
The third Respondent (the Secretary of State) has now settled Mrs Fox's claim for redundancy payment and that part of her claim is accordingly withdrawn.
The Secretary of State has also settled her claim for notice pay. The matters that remain outstanding are as follows:
(1) A claim against the first or second respondent for the deficiency in Mrs Fox's personal pension plan.
(2) A claim against the first or second respondent for unfair dismissal…
(3) A possible claim against the third respondent for unpaid pensions contributions under section 123 of the Pensions Schemes Act 1993. However I am uncertain whether the Tribunal has jurisdiction to hear such a claim and I would welcome your advice."
On 18 August a Chairman, Mr D. Crone, promulgated a decision (the original decision) which reads as follows:
"The claims for redundancy payment and breach of contract are dismissed on withdrawal by the applicant. The claims for unfair dismissal, unpaid wages and insolvency payments remain live."
Against the original decision the Appellants appealed by a Notice by dated 5 October 1999 ("The First Appeal.")
Further, by letters dated 31 August & 19 October the Appellant applied for a review of the original decision. The Chairman, Mr Crone, did not dismiss that application summarily under rule 11(5) of the Employment Tribunal rules of procedure, as he was entitled to do. He held a review hearing on 21 October 1999. In a decision with extended reasons dated 5 November 1999 (the review decision) he, sitting alone, allowed the application for review and then went on to confirm the original decision. Against the review decision the Appellant brings her second appeal."
"(6) If such an application is not refused under paragraph (5) it shall be heard by the tribunal which decided the case, or-
(a) where it is not practicable for it to be heard by that tribunal, or
(b) where the decision was made by a chairman acting alone under rule 13(8),
by a tribunal appointed by either the President or a Regional Chairman."