United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 833_95_2601

Appeal No. EAT/833/95

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 26 January 1996

HIS HONOUR JUDGE C SMITH QC

MR D A C LAMBERT

MISS D WHITTINGHAM

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MRS K PATEL          APPELLANT

WEST YORKSHIRE RACIAL EQUALITY COUNCIL          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellant NO APPEARANCE BY OR ON BEHALF OF           APPELLANT


 


JUDGE SMITH QC: This is an application from Mrs Patel for leave to proceed to a full hearing, in relation to a decision of the Industrial Tribunal sitting at Manchester on 22 May 1995. The Industrial Tribunal decided that she had not been discriminated against on the grounds of her sex, in relation to a complaint made by her under the Sex Discrimination Act 1975. We note that there were quite detailed grounds of appeal set out over many pages presented on behalf of the Applicant Mrs Patel, by Mr Dawoodji who was the person who had represented her at the hearing before the Industrial Tribunal.

What we have learned and it has been faithfully reported to us by the officials of this court today, is the following: the Employment Appeal Tribunal has received a message by telephone from the Applicant Mrs Patel, that she no longer wishes to pursue this matter and, in effect, wishes to withdraw her application for leave for the matter to proceed to a full hearing. In the light of that message, we do not think it is appropriate for us to give any kind of a judgment in the matter. Normally it is our experience that such a withdrawal really should be put in writing, so there can be no doubt about the matter one way or the other.

What we propose to say is that the application for leave to proceed to a full hearing stands dismissed, unless within seven days of receipt of this decision, the Applicant notifies the Employment Appeal Tribunal that she wishes to pursue the matter. In which case the matter will simply have to be re-listed.