MR JOHN LESLIE PAULSON v BRITISH TELECOMMUNICATIONS PLC [2003] UKEAT 0125_03_2005
[1]APPEARANCES For the Appellant MR CLIVE SHELDON (Of Counsel) Instructed by: Messrs Robinsons Solicitors 83 Friar Gate Derby DE1 1FL JUDGE BIRTLES This is an application for leave to appeal at a preliminary hearing. The grounds of appeal are contained first in the Notice of Appeal received by the Employment Appeal Tribunal on 3 March 2003 and there are four grounds of appeal contained in paragraph 6 of that Notice of Appeal. The fifth ground of appeal is contained in a letter dated 12 May 2003 from Mr Paulson's solicitors Robinsons and for convenience sake I will call that 6(v).[2]It seems to us while we are granting leave on all five grounds there are really only two points in this appeal. The first is the alleged defective reasoning of the Employment Tribunal Chairman in his extended reasons given on 20 September 2002, and those are the grounds of appeal in paragraphs 6(i) - 6(iv) of the Notice of Appeal. The second substantive ground of appeal seems to us to be what is contained in paragraph 6(v) which is whether this Chairman should have considered this review on his own under Rule 13(1) of the Employment Tribunal Constitution Procedure Rules 2000 or whether the review should have been conducted by a full Tribunal for those reasons we will grant leave to appeal on all five grounds with 14 days to add the fifth ground into a re amended Notice of Appeal so that it can be served. Time Estimate half a day, Category C.