Appeal No. EAT/1228/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 15 March 2001

Before
MR RECORDER LANGSTAFF QC
MR D J JENKINS MBE
MR R N STRAKER

MRS J LANGLEY	APPELLANT

ESSEX RIVERS HEALTHCARE NHS TRUST	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MR MARK MACDONALD
(Of Counsel)
Instructed by
Messrs Stanley Tee & Co
Solicitors
Star House
38 Rayne Road
Braintree
Essex  CM7 2QP	

MR RECORDER LANGSTAFF QC

1.	This matter comes before us on a Preliminary Hearing in relation to a decision of the Bury St Edmunds Employment Tribunal delivered on 21 August 2000.  It was an accepted fact that the Applicant was dismissed on 23 November 1999 for the reasons of incapability due to ill health.  The ill health was post natal depression which arose (that is, the symptoms first manifested themselves) not during the period of maternity leave but after the employee’s return to work, albeit only 3 weeks afterwards.

2.	Two issues are raised by the Notice of Appeal.  We think each of those are arguable.  On one reading, and we shall say no more at this stage, the Caledonia Bureau case does not deal with a situation in which a pregnancy related illness arises outside the period of maternity leave or after return to work.

3.	So far the second ground is concerned we understand that basis of the argument to be that because a man could by definition not suffer pregnancy related illness it will constitute sex discrimination for a woman to be subject to dismissal for such an illness, because a man would not be in that position and would not then be dismissed.

4.	This raises difficult issues.  We are sceptical of the grounds of success but we can see that the point is arguable.  Some assistance may have to be derived from the forthcoming Court of Appeal case in Pearce v Governors of Mayfield School.

5.	Accordingly we have for those reasons given leave so those 2 points can be argued.  It will be Category B – half a day.  Skeletons to be delivered 14 days in advance, copies of any cases to be relied on 7 days in advance.