MRS T SULLIVAN-DAVIES v SPACE ENTERPRISE LTD [1999] UKEAT 560_99_2607

EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [1999] UKEAT 560_99_2607Case No Appeal No. EAT/560/99Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Between
MRS T SULLIVAN-DAVIESAPPELLANTSPACE ENTERPRISE LTDRESPONDENT
Before
His Honour Judge D M LevyDate 26 July 1999
[1]) Messrs Irwin Mitchell Braby & Waller Solicitors 48-50 St Johns Street London EC1M 4DP JUDGE D M LEVY QC: In this PHD, Mr Glyn appears for the Appellant. He was not responsible for the Notice of Appeal or the Skeleton Argument which was prepared for us for the morning. He has, in the course of his address, persuaded us that there is one point to go forward to a full hearing; that is the point which is set out in paragraph 6(2) of the present Notice of Appeal, which reads:
"To the extent the Tribunal relied on its own general knowledge of temporary employment opportunities during the relevant period and in making a percentage reduction for failure to mitigate the Tribunal erred in law misdirecting itself on the proper approach to the assessment of compensation in respect of past loss."
By reference to Gardiner-Hill -v- Roland Berger Technics Ltd [1982] IRLR 498, Mr Glyn has satisfied us that this point is arguable on Appeal. We will let this Appeal therefore go to a full hearing on this ground only. Mr Glyn, in the course of argument, did not persuade us that there was anything else in the Notice of Appeal which would lead to a result favourable to the Appellant.[2]The main point raised was the Respondent called no evidence at the Remedies Hearing. The fact that the Respondent failed to call evidence in a Remedies Hearing does not mean there was no evidence before the Tribunal to make finds of fact. The Tribunal heard from the Appellant at the hearing from which it was entitled to make findings of fact. We therefore dismiss all other grounds in the Notice of Appeal at this stage.[3]Category C, ½ day.