Cole v. Post Office [2000] UKEAT 374_00_0507 (5 July 2000)
There is an arguable point of law in the appeal, particularly concerning the tribunal's finding on the date of termination of employment, justifying a full hearing.
Source-derived case information.
- Citation
- [2000] UKEAT 374_00_0507
- Parties
- Appellant: Appellant; Respondent: Mrs Cole
- Jurisdiction
- United Kingdom
- Judgment Date
- 05 July 2000
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- Appeal to proceed to full hearing
- Legal Topics
- Termination of Employment, Grounds of Appeal, Arguable Point of Law
Source-derived case record
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Mrs Cole
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether the tribunal erred in finding that the contract of employment was terminated on 19th February 1999
Ratio Decidendi
There is an arguable point of law in the appeal, particularly concerning the tribunal's finding on the date of termination of employment, justifying a full hearing.
Court Disposition
Appeal to proceed to full hearing
Orders
- Leave granted for amended Grounds of Appeal.
- Skeleton arguments to be lodged 14 days before the hearing.
Full Case Text
Judgment text and source record
1 paragraphs
JUDGMENT PRELIMINARY HEARING – EX PARTE © Copyright 2000 APPEARANCES For the Appellant MS J McNEIL (of Counsel) Under The Employment Law Appeal Advice Scheme MR JUSTICE KEENE : This is a preliminary hearing of this appeal under the Practice Direction of March 1996 to determine whether the appeal raises a reasonably arguable point of law. After very careful consideration, we are just persuaded by Ms McNeil that there is an arguable point in this appeal. In particular, the fourth ground as set out in the amended Grounds of Appeal, relating to the tribunal's finding that the contract of employment of the appellant was terminated on 19th February 1999, provided such a ground We regard all the other points in the Amended Grounds of Appeal as being clearly subsidiary to that. If the tribunal was right in its finding, which is challenged in ground 4, then it seems to us that the rest of the grounds which have been raised on this appeal really fall away, but we do not propose to say anymore about them at this stage, since we do not wish to prejudge the outcome of this matter. But in the light of our conclusion that there is an arguable point, this matter will now proceed to a full hearing of the appeal. I may say that we have been greatly assisted by Ms McNeil's submissions in this matter. So far as directions are concerned, leave is granted for the amended Grounds of Appeal, those grounds which contain six grounds as put in this morning on behalf of the appellant. Skeleton arguments to be lodged 14 days before the date fixed for the hearing of the appeal. So far as listing is concerned, this seems to us to be a Category C matter. We would only perhaps say this by way of advice to Mrs Cole, that when it comes to the full hearing, she would be extremely well advised to be legally represented on that occasion. Had it not been for legal representation today, it may well be that we would not have been persuaded to allow this to proceed further. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII