United Kingdom Employment Appeal Tribunal

BAILII case number: [1995] UKEAT 429_95_0707

Appeal No. EAT/429/95


 

EMPLOYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 7th July 1995

Before

THE HONOURABLE MR JUSTICE MUMMERY (P)

MR P M SMITH

MISS D WHITTINGHAM

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MR G DE BESLEY          APPELLANT

ABBEY LIFE ASSURANCE CO LTD          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

Revised


 


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APPEARANCES

NO APPEARANCE BY OR ON BEHALF OF THE APPELLANT


 


MR JUSTICE MUMMERY (PRESIDENT): This is the preliminary hearing of an appeal against the Industrial Tribunal decision notified to the parties on 7th March 1995.

The position today is that the appellant, Mr Besley, has not attended nor has he been represented. We have received notification from his solicitors that, although he does not intend to be represented today, he wishes to pursue the appeal. We have therefore dealt with the case on the basis of written representations, contained in the Notice of Appeal itself and in further papers sent under cover of a letter from Anthony Collins & Co, Mr Besley's solicitors, dated 6th July 1995.

We have reached the conclusion that this appeal which is limited to a point under the Race Relations Act 1976 (Section 78(1)), raises an arguable legal point which justifies continuing the appeal to full hearing.

The legal point concerns the correct interpretation of Section 78(1) of the 1976 Act and its application to the facts of this case.

The only direction, in addition to the matter proceeding to a full hearing, is that at least 21 days before the date fixed for the full hearing the parties exchange and lodge with the Tribunal skeleton arguments setting out, in a summary form, their legal points.