MR G ANDRE v LCR TELECOM [2000] UKEAT 441_00_1511
[1]APPEARANCES For the Appellant SIMON ROBINSON (Of Counsel) Instructed by Messrs Kenningham Underwood Armstrong Solicitors Prudential Chambers 11 Ivegate Bradford West Yorkshire BD1 1SQ JUDGE LEVY QC This is an Appeal by the employee Mr G Andre against a decision of the Employment Tribunal sitting at London (North) on 8 February 2000. On that date the Tribunal heard an Application for unfair dismissal made against the Respondent to this Appeal and determined that the effective date of termination of the Applicant's employment with the Respondent was 25 May 1999.[2]The decision was sent to the parties on 28 February 2000. From that decision the Appellant appeals. A point is taken by Mr Robinson, who did not appear below, that the Tribunal overlooked properly to consider the provisions as they now are of Section 97 (2) of the Employment Rights Act 1996.[3]That did not feature in the Notice of Appeal as originally drafted and we gave leave for the Notice of Appeal to be amended to abandon the points taken and to substitute that 1 point. Having looked at the sub-section and the authority to which we were referred, namely Secretary of State for Employment v Staffordshire County Council [1989] IRLR 117, we are satisfied that there is an arguable point to go forward on this 1 ground of Appeal to a full hearing. We estimate the time of it would be 2 hours, and it should be Category C.[4]An amended Notice of Appeal should be lodged promptly.