Appeal No. EAT/1402/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 7 June 2001

Before
THE HONOURABLE MR JUSTICE NELSON
MR D CHADWICK
MR H SINGH

MRS P A DRURY	APPELLANT

BEDFORD HOSPITAL NHS TRUST	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MS JILL BROWN
(Of Counsel)
Instructed by
Disability Rights Commission
2nd Floor, Arndale House
The Arndale Centre
Manchester
M4 3AQ	

MR JUSTICE NELSON

1.	This is a Preliminary Hearing of an Appeal by Pauline Ann Drury against the decision of the Bedford Employment Tribunal of 30 September 2000 in which they held unanimously that she was not unfairly dismissed, that she has not been the subject of discrimination and other findings.  The appeal in this case relates solely to the finding of the Tribunal that there was no discrimination.

2.	We, having heard the arguments and read the skeletons are satisfied that there is an arguable point here and that the matter should go to a full hearing.  The issues which should be so considered are in our view whether the failure to create an interim supernumary post amounts to a breach of section 6 of Disability Discrimination Act 1995 and whether the wording of the advert expressed as it was in terms which gave the cover applicant one year fixed term rather than anything more flexible or shorter was also a breach of section 6.  The question that arises in relation to those matters is whether as has been expressed in argument to us today, the Respondents could not only have done a great deal more to assist the Applicant, who had a very substantial period of employment at the Health Service at a very difficult period in her life, but should have done more, and whether what they should have done was proper consideration of the steps to be taken under section 6.  Those points are in our view arguable.  We therefore direct that the matter goes to a full hearing.  Category B.  ½ day.