United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 1259_95_1305

Appeal No. EAT/1259/95

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 13th May 1996

THE HONOURABLE MR JUSTICE BUTTERFIELD

MRS R CHAPMAN

MR A C BLYGHTON

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MRS E MENSAH          APPELLANT

EAST HERTFORDSHIRE NHS TRUST          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

Revised


 


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APPEARANCES

For the Appellant MR P DOUGHTY

(of Counsel) appearing under the Employment Law Appeal Advice Scheme


 


MR JUSTICE BUTTERFIELD: With some hesitation and without encouraging the appellant to expect that in due course she will succeed in this appeal, we have determined that it is appropriate to grant leave in this case, and that the matter should go forward to a full hearing before Employment Appeal Tribunal.

The single point on which we have been persuaded that there is an arguable error of law in the decision of the Industrial Tribunal, relates to the issue of the appellant's contact with the respondents in relation to the vacancies at the neonatal unit as opposed to the vacancies in the maternity unit. It is plain in our judgment that the findings of fact made in relation to the application for employment in the maternity unit are such that no arguable point is disclosed. However, bearing in mind the absence of any reference to the appellant's application in respect of vacancies at the neonatal unit and the silence of the tribunal's decision on that point, we consider on that ground alone that there is an arguable ground of appeal.

We give you leave, if advised, to amend the Notice of Appeal to clarify precisely the point in issue.