Appeal No.	 EAT/266/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 16 June 2000

Before
HIS HONOUR JUDGE D WILCOX
MR D J HODGKINS CB
MRS T A MARSLAND

MR WILLIAM THOMAS MAHER	APPELLANT

LIVERPOOL CITY COUNCIL	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

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

JUDGE D WILCOX

1.	This is a hearing of the preliminary matters for two reasons.  The principle grounds of concern the degree of contribution.  In turn, this depends upon matters of fact, found by the Tribunal.  Our attention has been drawn to the fact that on the 2nd day of the hearing on 13 July 1999, in fact, the Appellant was left un-represented, when the only witness called by the Respondent was giving evidence.  We do not know what that witness was saying, or what facts and matters his evidence at that stage touched.  He asked for an adjournment, so that his representative could be there.  He was not granted an adjournment.  We cannot therefore be satisfied as to the exercise of that discretion, when there may have been critical matters that were being spoken to in the absence of assistance for the Appellant and the absence of an adjournment.  
2.	We do not want to raise anyone’s hopes at all here because it may turn out to be that nothing really was being given evidence about, that touches and concerns the main issues, that are the subject of complaint. But we do feel, that there is sufficient warrant in justice for this matter to be looked at again and the Employment Appeals Tribunal, therefore invites the Chairman to provide his notes, as to the first day and to inform us what happened when the adjournment was sought. 
3.	Secondly to deal with the matter of wrongful dismissal - the course they took in relation to that.   I think that this direction should be copied to them and that they are at liberty to make comment upon the two issues that we have raised.  
4.	I want to make it clear beyond a doubt that merely because we have a slight reservation about a matter of procedure, it must not fund hope in the mind of the Appellant, that we have taken any view as to the merits of this matter.  Arising out of the matters disclosed in that limiting inquiry, we give you leave to amend, limited to those matters.  We do not necessarily reserve this to ourselves.