MR T J HOLBROOK v PEARCE FESTIVE LIGHTING LTD [1999] UKEAT 425_99_2307
EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [1999] UKEAT 425_99_2307Case No Appeal No. EAT/425/99Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Between
MR T J HOLBROOKAPPELLANTPEARCE FESTIVE LIGHTING LTDRESPONDENT
Before
His Honour Judge D M LevyDate 23 July 1999
[1]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. 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.