Appeal No.	 EAT/374/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 5 July 2000

Before
THE HONOURABLE MR JUSTICE KEENE 
MR A E R MANNERS
MR R SANDERSON OBE

MRS D I COLE	APPELLANT

THE POST OFFICE	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING – EX PARTE

Revised

	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.

1.	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 

2.	We regard all the other points in the Amended Grounds of Appeal as being clearly subsidiary to that. 

3.	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.

4.	I may say that we have been greatly assisted by Ms McNeil’s submissions in this matter.

5.	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.

6.	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.