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United Kingdom Employment Appeal Tribunal


You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Arthur v Attorney General & Ors [1998] UKEAT 578_98_2207 (22 July 1998)
URL: http://www.bailii.org/uk/cases/UKEAT/1998/578_98_2207.html
Cite as: [1998] UKEAT 578_98_2207

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BAILII case number: [1998] UKEAT 578_98_2207
Appeal No. EAT/578/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
             At the Tribunal
             On 22 July 1998

Before

HIS HONOUR JUDGE PETER CLARK

MR R JACKSON

MRS R A VICKERS



MRS C ARTHUR APPELLANT

THE ATTORNEY-GENERAL & OTHERS RESPONDENT


Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

© Copyright 1998


    APPEARANCES

     

    For the Appellant MR N GIFFEN
    (of Counsel)
    Mary Ward Legal Centre
    26-27 Boswell Street
    London WC1N 3JZ
       


     

    JUDGE PETER CLARK: The issue in this appeal is whether the Industrial Tribunal has jurisdiction to entertain a complaint of unlawful racial discrimination brought by Mrs Arthur arising out of an interview which she attended before the Middlesex Area Advisory Committee on Justices of the Peace, held to determine whether she be recommended to the Lord Chancellor for appointment to the office of Justice of the Peace and a subsequent notification that she had not been accepted. That requires a determination of the meaning and extent of section 12 of the Race Relations Act 1976.

    Since the point is, so far as we are aware, a novel one and of some general importance and the Treasury Solicitor accepts that the appeal raises an arguable point of law, we think that the appeal should proceed to a full hearing.

    The question of who is the proper Respondent raised in the Treasury Solicitor's letter to the Registrar dated 28 May 1998, may be dealt with at that hearing. We note also the Respondent's intention to raise a cross-appeal as to the application of Section 75 of the Act.

    In these circumstances, bearing in mind the submission of Mr Giffen, we think it prudent to list this case for one and a half days; Category B. There will be exchange of skeleton arguments between the parties not less than 14 days before the date fixed for the hearing of the full appeal. There is no requirement for Chairman's Notes of Evidence. There are no further directions at this stage.


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URL: http://www.bailii.org/uk/cases/UKEAT/1998/578_98_2207.html