United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR N FAIRWEATHER Solicitor Mesdames Harman & Harman 10 Station Road, West Canterbury Kent CT2 8BP


 


MR COMMISSIONER HOWELL QC:

1. We have before us today for preliminary hearing this appeal against the decision of the Ashford Employment Tribunal set out in the Extended Reasons sent to the parties on 10 August 2000. Mr Fairweather who appears for the Appellant has persuaded us that there are arguable grounds of appeal to warrant us directing that the case should go forward for a full hearing on the points as to the Tribunal's decision on disability discrimination identified in paragraphs A, B and C of his skeleton argument, all of which appear to us to give rise to arguable points, which should be addressed at a full hearing of the Employment Appeal Tribunal, which we accordingly direct. We are not satisfied that paragraph D of the original Notice of Appeal discloses an arguable point of law to warrant a full hearing and accordingly, we do not direct that that head of the original Notice of Appeal should go any further.
2. In the circumstances, we give the Appellant liberty to amend the Notice of Appeal so as to reformulate paragraphs A, B and C in the way identified in Mr Fairweather's skeleton argument. We direct that an amended Notice of Appeal should be lodged with the Employment Appeal Tribunal office not later than 14 days from today. We direct that the appeal should be set down for full hearing of the issues in that amended Notice of Appeal in listing Category B, the category for cases which may have some implications outside their own facts. Estimated length of the hearing will be half a day and we direct that skeleton arguments should be exchanged between the parties and lodged with the Employment Appeal Tribunal no later than 14 days before the date fixed for the full hearing.
3. Since one of the major issues on question A is concerned with the evidence that was before the Tribunal, we do think it is right that we should direct that the Chairman be asked to produce her notes of evidence relating to the treatment of other potential employees so far as relevant to that sentence in paragraph 11 of the Decision, the direction being confined to that issue.