United Fish Industries (UK) Ltd v. Herbert [2001] UKEAT 226_01_0304 (3 April 2001)

JUDGMENT PRELIMINARY HEARING © Copyright 2001 APPEARANCES For the Appellant MR I TRUSCOTT QC (of Counsel) Instructed by: Messrs Burnside Kemp Fraser Solicitors 48 Queen's Road Aberdeen AB15 4YE MR RECORDER LANGSTAFF QC In this preliminary hearing, from a Decision of the Employment Tribunal sitting at Hull, promulgated on 4 January 2001, we propose to grant permission for the matter to proceed to a full inter-partes hearing, despite our initial reservations that this would be the outcome of this hearing. We have been persuaded that although it might, on the face of the papers, appear to have been open to the majority to conclude that the employer had not conducted a reasonable investigation to see whether further light might be shed upon the credibility of the two central players, in an incident which took place, and which is referred to at paragraph 4(e), it is not clear, arguably, from the reasoning of the majority, in particular at paragraph 6, precisely what factors were or were not taken into account, and we think that when that is coupled with what may be argued as to what may or may not have been accepted by the Tribunal in paragraph 4(e), that there is a sufficient basis for this matter to merit a full hearing. We say nothing about the merits of the appeal. The argument will, we think, take no more than half a day. Skeleton Arguments should be provided at least a fortnight beforehand, together with any authorities which it is proposed to rely on. Category C, for listing purposes. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII