At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE LINDSAY (PRESIDENT)
MR P R A JACQUES CBE
MR R N STRAKER
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
INTERLOCUTORY HEARING
For the Appellant | MR PAUL MICHELL (Of Counsel) Messrs Coningsbys Solicitors 87-89 High Street Croydon Surrey CR9 1XE |
For the Respondent | MISS C D'SOUZA (Of Counsel) Treasury Solicitors Queen Anne's Chambers 28 Broadway London SW1H 9JS |
MR JUSTICE LINDSAY
"Having heard the Applicant in person and Miss D'Souza – Counsel on behalf of the Respondent - and having identified that the issues arising in this case are as set out in the First Schedule to this order and having discussed the matters necessary to ensure an expeditious and fair hearing of those issues, I make the orders and directions as set out in the Second Schedule."
"Whether the Respondents made an unlawful deduction from the Applicant's wages by suspending her, the Applicant thereby losing her acting-up allowance and opportunity to earn overtime."
Given that (i) is direct discrimination and (ii) victimisation, this (iii) would seem to have been regarded as a separate and free-standing cause of action.
"On or before fourteen days from the date of this order, the Applicant shall supply in writing to the Respondent, with a copy to this office, particulars of the Originating Application as listed in the Third Schedule to this order."
"…the Applicant's shall within 2 months of the date of this order file with the Respondents a copy of a medical report…"
and that is set out.
"The Applicant wishes to seek leave to serve a questionnaire Race Relations (Questions and Replies) Order 1977 out of time. The Applicant is to send within 10 days of date of this order to the Chairman a copy of the proposed questionnaire, and the Chairman will then consider whether to grant leave for service out of time."
"Full particulars of all acts events on which the Applicant relies to support her allegation of direct race discrimination and victimisation and unlawful deduction from wages, in the latter case giving details of the exact amount alleged to have been unlawfully deducted and the basis of the calculation."
"In his order the Chairman sets out the issues; the amended Originating Application is an attempt to widen the issues. The Chairman does not give leave to make such an amendment. That is why the Chairman instructed the clerk to respond in the terms of the letter of 8 May 2001."
It is, of course, very often the entirely proper function of an amendment to widen the issues and it cannot be right to refuse leave to amend simply on that ground.
"…and the Chairman will then consider whether to grant leave for service out of time."
"A race discrimination questionnaire must be served within the time limits. The Chairman has not been given any good reason to justify granting leave to serve out of time."