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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Scott v Wiltshire Constabulary [1998] UKEAT 1372_97_2201 (22 January 1998) URL: http://www.bailii.org/uk/cases/UKEAT/1998/1372_97_2201.html Cite as: [1998] UKEAT 1372_97_2201

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APPEARANCES

 

For the Appellant	MR N D HART (Solicitor) Messrs Slee Blackwell Solicitors 10 Cross Street Barnstaple Devon EX31 1BA


 


JUDGE PETER CLARK: The principal point which the Appellant wishes to argue in this appeal is that "the act complained of" in her complaint of unlawful sex discrimination for the purposes of Section 76(1) of the Sex Discrimination Act 1975 was not limited to her being rejected for an internal vacancy, she says on the grounds of her sex, but included her subsequent use of the Respondent's internal grievance procedure, which process ended with the grievance being rejected, in circumstances which she says involved unlawful discrimination, on a date falling within the three month period prior to the presentation of her Originating Application to the Industrial Tribunal. The Industrial Tribunal Chairman hearing this preliminary limitation point held that the operation of the grievance procedure was irrelevant to his consideration. She relies upon the judgment of this Appeal Tribunal in Adekeye v Post Office (No.1) [1993] ICR 464, unaffected by the subsequent Court of Appeal decision in Adekeye (No.2) [1997] ICR 110, since she remained in the Respondent's employment at all material times.

In these circumstances we shall this allow this matter to proceed to a full appeal hearing. Time estimate half a day, Category C.

We make a specific direction that a copy of the Notice of Appeal be sent to the Chairman for his comments on the ground of appeal appearing at paragraph 6(3) of the Notice.

There will be exchange of skeleton arguments not less than 14 days before the date fixed for the full appeal hearing. Copies of those skeleton arguments to be lodged with this Tribunal at the same time.

Finally, we give the Appellant liberty to apply for further directions.