United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR J GALBRAITH MARTIN APPEARING UNDER THE EMPLOYMENT LAW APPEAL ADVICE SCHEME


 


JUDGE D SEROTA QC

1. This is an appeal by Miss I Johnson against a decision of the Employment Tribunal at London (South) of 23 & 24 April 2001 and 14 May 2001 (as in Chambers).
2. We have been referred to the decision of the European Court of Justice in the case of Burn v Reinfield and it is certainly arguable that there has been direct discrimination in this case. If the twelve month period of inactivity (which provided the justification for dismissal) includes a period of pregnancy leave then it seems fairly arguable that there was direct discrimination. We express no views as to the strength of this argument. It seems to us that it is fairly arguable and should go to a full appeal but we are only prepared to allow this appeal to proceed on that basis.
3. The appeal will proceed against the first Respondent alone. It will proceed only on the basis of the amended ground of appeal and that should be formally lodged within 14 days from today and we will also direct that both parties should serve Skeleton Arguments, together with copies of all authorities relied upon, not less than 14 days before the date of the hearing.