United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 1190_95_1903

Appeal No. EAT/1190/95

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 19 March 1996

THE HONOURABLE MR JUSTICE HOLLAND

MR J H GALBRAITH CB

MRS M T PROSSER

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MARS (UK) LTD          APPELLANT

MISS M HUGHES          RESPONDENT

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Transcript of Proceedings

JUDGMENT

Revised


 


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APPEARANCES

For the Appellant MR PAUL ROSE

(of Counsel)

Ms Caroline Walker

Messrs Lovell White Durrant

(Solicitors)

65 Holborn Viaduct

London EC1A 2DY


 


MR JUSTICE HOLLAND: We have before us a preliminary hearing in an appeal mounted by Mars (UK) Ltd, the original Respondent, against a finding of an industrial tribunal sitting at Reading in August 1995, which decision was as follows:

"The respondents unlawfully discriminated against the applicant contrary to the Race Relations Act 1976."

The reasons for that decision in extended form being sent to the parties on 20 September 1995.

The notice of appeal raises seven grounds of appeal but in his submissions to us this morning Mr Rose helpfully curtailed the argument to two grounds and submitted to us that those grounds had sufficient prima facie strength to warrant a full hearing with the Respondent, the original Applicant, present. Having considered his submissions we agree with him and so that this matter will go forward for a full hearing.

However, we make the following directions: first, we direct that a revised notice of appeal be drafted and served on the Tribunal and on the Respondent within, subject to Mr Rose's submissions, the next 14 days. That revised notice of appeal to set out simply the two points that Mr Rose has taken before us today, so that the remaining luggage, if one may so describe it without disrespect to the draftsman, can be eliminated from the further consideration of this appeal. Second, we direct that the Chairman's notes be transcribed and be provided to the parties and to the Tribunal for use at the full hearing.