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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Edwards v Derby City Council [1997] UKEAT 1353_97_2301 (23 January 1997)
URL: http://www.bailii.org/uk/cases/UKEAT/1997/1353_97_2301.html
Cite as: [1997] UKEAT 1353_97_2301
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| At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MR E HAMMOND OBE
MR R H PHIPPS
MRS S M EDWARDS APPELLANT
DERBY CITY COUNCIL RESPONDENT
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
| For the Appellant | MR N RANDALL (of Counsel) Messrs Reynolds Porter Chamberlain Solicitors Chichester House 278/282 High Holborn London WC1V 7HA |
JUDGE PETER CLARK: In this appeal Mr Randall seeks to argue a point in relation to maternity pay in the case of a teacher by reference to Article 119 of the EEC Treraty and the European Court of Justice decision in Gillespie v Northern Health Board [1996] ICR 498 which an Industrial Tribunal sitting at Nottingham on 22 September 1997 described as "superficially attractive" before rejecting it.
This is a preliminary hearing held to determine, first, whether the appeal raises an arguable point of law. We think that this appeal does raise a point of law which is arguable in the sense that this tribunal would find it of assistance to hear argument also from experienced Counsel instructed on behalf of the Respondent before finally adjudicating on the appeal.
In these circumstances we shall allow the appeal to proceed to a full hearing and direct that it be listed for half a day, category B, skeleton arguments to be exchanged not less than 14 days before the date fixed for the full appeal hearing. Copies of those skeleton arguments to be lodged with this Tribunal within the same time scale.