United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 1230_95_0506

Appeal No. EAT/1230/95

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 5th June 1996

Before

THE HONOURABLE MR JUSTICE BUTTERFIELD

MR K M HACK JP

MR D J JENKINS MBE

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MR M P DHUROWA          APPELLANT

EAST SURREY MENTAL HEALTH AUTHORITY NHS TRUST          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

Revised


 


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APPEARANCES

For the Appellant MISS A JOHNSON

(of Counsel)

Harris & Co Law Practice

44a Wildfell Road

Catford

London

SE6 4HU


 


MR JUSTICE BUTTERFIELD: In our unanimous judgment it is arguable that the tribunal erred in law in finding that the appellant did not send two letters to Mr Barkley: see paragraph 10 of their decision and Mr Barkley's statement at page 22 of the bundle, paragraph 12. If that finding was made erroneously, it plainly effects the conclusion of the tribunal that no question of racial discrimination was raised by the appellant until May 1992, a factor which the tribunal regarded as of significance in dismissing his claim of racial discrimination.

We further consider it is arguable that the Chairman was wrong in law in holding as he did that, on the information before him from Mr Howard, the request for a review should be refused as having no reasonable prospect of success.

We give leave to the Appellant to amend the grounds of appeal as he may be advised.