Initial Textile Services v Rendell

MR JUSTICE WOOD (PRESIDENT): This is an Interlocutory Appeal by Initial Textile Services from a Decision of the Industrial Tribunal which is dated 18 July 1991, whereby under the provisions of Section 77 and 78 of the Employment Protection (Consolidation) Act 1978, they made an interim award to the Applicant, Mr Rendell, who was alleging unfair dismissal and was making his allegation on the basis that he had been involved in trade union activity; he therefore alleges it was unfair.

The Originating Application was dated the 11th March 1991 and the Notice of Appearance is dated 9th April; there was therefore a gap of some weeks and in the light of the allegation made in the Originating Application it was clear that a Hearing was due under Section 77 for interim relief.

So in the present case, the matter was heard by the Tribunal on that 10th July and the Tribunal reached the Decision that there was a likelihood that the Applicant would succeed and would succeed on that particular ground under Section 58; it made this interim Order. The interim Order was that a sum of �3,605 should be paid on or before the 25th July, that is in two days time, and that the weekly payment should be such sum as was net after the calculation from a gross sum of �217 per week.

"We declined to receive proofs of evidence from persons who were present but were not called."

and any proofs of evidence were in that letter that was handed in. The only purpose we can see in Counsel waiving the privilege was so that the documents should be before the Tribunal and therefore there is an unfortunate problem that could well be examined by this Court. However, the situation is this; it would take some months before the appeal is heard; it is clearly desirable that this matter should be heard as soon as possible.