At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MR R JACKSON
MRS R A VICKERS
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MR N GIFFEN (of Counsel) Mary Ward Legal Centre 26-27 Boswell Street London WC1N 3JZ |
JUDGE PETER CLARK: The issue in this appeal is whether the Industrial Tribunal has jurisdiction to entertain a complaint of unlawful racial discrimination brought by Mrs Arthur arising out of an interview which she attended before the Middlesex Area Advisory Committee on Justices of the Peace, held to determine whether she be recommended to the Lord Chancellor for appointment to the office of Justice of the Peace and a subsequent notification that she had not been accepted. That requires a determination of the meaning and extent of section 12 of the Race Relations Act 1976.
Since the point is, so far as we are aware, a novel one and of some general importance and the Treasury Solicitor accepts that the appeal raises an arguable point of law, we think that the appeal should proceed to a full hearing.
The question of who is the proper Respondent raised in the Treasury Solicitor's letter to the Registrar dated 28 May 1998, may be dealt with at that hearing. We note also the Respondent's intention to raise a cross-appeal as to the application of Section 75 of the Act.
In these circumstances, bearing in mind the submission of Mr Giffen, we think it prudent to list this case for one and a half days; Category B. There will be exchange of skeleton arguments between the parties not less than 14 days before the date fixed for the hearing of the full appeal. There is no requirement for Chairman's Notes of Evidence. There are no further directions at this stage.