SHIPHAM & CO LTD v MR D E SKINNER [2000] UKEAT 840_00_0311
EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [2000] UKEAT 840_00_0311Case No Appeal No. EAT/840/00Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Between
SHIPHAM & CO LTDAPPELLANTMR D E SKINNERRESPONDENT
Before
Mr Justice Charles Ms G Mills Professor P D WickensDate 3 November 2000
[1]APPEARANCES For the Appellants MR THOMAS LINDEN (of Counsel) Instructed By: The Engineering Employers Federation Broadway House Tothill Street London SW1H 9NQ MR JUSTICE CHARLES : This appeal comes before us today by way of preliminary hearing. Our task therefore is to consider whether or not it raises points of law that are reasonably arguable.[2]The Notice of Appeal is professionally drafted and we have had the benefit of a Skeleton Argument from Counsel. In our judgment the grounds set out in the Notice of Appeal and expanded on in that Skeleton Argument raise points of law that are reasonably arguable and this appeal should therefore proceed to a full hearing on the basis of the existing Notice of Appeal.[3]We have discussed with Counsel the categorisation of the case. As he puts it, we would have categorised it as "C" but in our view (as Counsel recognises) there is potential on this appeal for argument as to existing authority and the inter-relationship of sections in the Employment Rights Act 1996 , we have therefore decided to give this case a Category B and to direct that it should be listed for half to three-quarters of a day.