United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR W PANTON (of Counsel) Messrs Ceres & Co Solicitors 8 Arlington Parade Brixton Hill London SW2 1RH


 


JUDGE H WILSON: This preliminary hearing of the Appellant's proposed appeal against the decision of the Employment Tribunal that her complaints should fail has been presented by Mr Panton on her behalf, who represented her before the Employment Tribunal.

1. The Applicant complains that she was the victim of racial discrimination and was unfairly selected for dismissal on the grounds of redundancy. The Respondent said that her post became redundant when an Intensive Care Unit was closed for a second time in March 1998. They said that there were no suitable alternative posts available and therefore the Applicant became redundant. Her appeal against that finding had been withdrawn.
2. We have had put before us by Mr Panton this morning a policy statement on implementing change, redeployment, re-training and redundancy. In a sentence, his case is that the Applicant should have been dealt with under the terms of that policy and not on the basis upon which she was dealt with.
3. We are satisfied that this matter should go forward for full argument on the question whether the Applicant should have been treated as a long-serving member of staff and therefore susceptible to the redundancy policy and, if so, whether the failure by the Respondent, the Trust, to do so was because of racial reasons.
4. On that limited ground, we think the matter should go forward categorised as 'C' with a time estimate of one hour.