United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellants	MR J GALBRAITH-MARTEN (of Counsel) Ms J Hobson Messrs Dibb Lupton Alsop Solicitors Fountain Precinct, Balm Green Sheffield S Yorkshire S1 1RZ


 


JUDGE D M LEVY QC: Mr Galbraith-Marten has appeared today on the preliminary ex-parte hearing of the appeal by British Midlands Airway Ltd against Mrs Lloyd from a decision of the Employment Tribunal sent to the parties on 1 March 1999. Notice of Appeal was dated 9 April 1999.

1. Having heard his submissions we are of the opinion that it may not be an easy task for him to convince a panel hearing full argument that the first holding of the Industrial Tribunal (which is found in paragraph 8 of the decision) is wrong, namely that there was direct discrimination, but he has satisfied us that the point is arguable. There are other points identified in the judgment of the Employment Tribunal, which are likewise, arguable.
2. We are not happy that the Notice of Appeal contained grounds properly set out and a fresh Notice of Appeal has been settled by Mr Galbraith-Marten. We give leave for an amended Notice of Appeal in this form to be served. It should be formerly served on the Respondents to the appeal within 10 days.
3. Certain issues are raised in the amended Notice of Appeal as to evidence in the Tribunal below. We hope that it will not be necessary to ask the Chairman either for his comments as to whether matters were dealt with without argument from either side, or where it is said there was no evidence on certain issues or to get his notes of the evidence. However, it may be sensible to wait to see what happens as to asking direction from the Chairman to give notes until a further Respondent's Notice is received from the Respondents.
4. The Respondents acted in person in the Employment Tribunal and this is a matter in which if it were possible for them to be represented at the hearing of the Appeal, it would be of assistance both to them and to the Tribunal because it may be difficult matters of law will be raised. That, of course, is not a matter on which we can say more.