Appeal No.	EAT/1054/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 13 January 1999

Before
THE HONOURABLE MR JUSTICE CHARLES
MRS D M PALMER
MR R SANDERSON OBE

MR G WALLACE 	APPELLANT

COLIN JACKSON T/A COLIN JACKSON & SONS	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MR R THACKER
(of Counsel)
Appearing under the
Employment Law Appeal
Advice Scheme	

	MR JUSTICE CHARLES:     This case comes before us pursuant to the special procedure to enable the Appellant, Mr G. Wallace, to show cause why the appeal should not be dismissed on the ground that it does not disclose a reasonably arguable point of law.

	In our judgment the proposed appeal raises one reasonably arguable point of law and that is the point relating to the payslips, which are included in our papers in a photocopied and almost illegible form, but which, as we understand it, are payslips that were before the Tribunal and were not included in the schedule provided by the employers, which was also before the Tribunal, and which the Tribunal found to represent the deductions which should not have been made.  In our judgment there is an arguable point that the Tribunal misdirected itself by not taking into account that primary documentary evidence, namely those payslips.

	The other points raised in the grounds of appeal all relate to the assessment by the Tribunal of the witnesses, who gave evidence before the Tribunal; that is pre-eminently a matter for the Tribunal.  It was not pursued before us today by Counsel, who assists us, on behalf of Mr Wallace.  In our judgment he was quite correct not to pursue those matters before the Tribunal and they do not raise a point of law that is reasonably arguable.

	Therefore, we allow the appeal to continue only on that one ground relating to the payslips.  We have also given directions that, if Mr Wallace wishes to pursue other grounds of appeal based on the construction and application of the relevant legislation, which grounds have been outlined to us today by Mr Thacker, he is to lodge, in draft, amended grounds of appeal within 21 days.

	After that period has expired there will be a directions hearing to determine whether or not notes of evidence need to be obtained and, if draft amended grounds of appeal are lodged, whether or not there should be leave to add those grounds to the appeal.  We think also that we should put a category on the appeal; Category C.