Appeal No.	 EAT/697/01

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 19 November 2001

Before
HIS HONOUR JUDGE D M LEVY QC
DR D GRIEVES CBE
MR P M SMITH

MR Y ESSA	APPELLANT

(1) ROY ROGERS t/a R & R CONSTRUCTION LTD
(2) LAING LTD	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING 

Revised

	APPEARANCES

For the Appellant	MISS SARAH MOOR
(of Counsel)
Instructed by:
Race Equality First
The Friary Centre
The Friary
Cardiff CF10 3FA	

JUDGE D M LEVY QC

1	Following a four day hearing in Cardiff in January and March as long ago as 2000, an Employment Tribunal, sitting at Cardiff, unanimously held that the Appellant established as against the first and second Respondents to his application his complaint of racial discrimination.

2	There was a remedy hearing on 12 March of that year, when the Respondents were ordered to pay the Applicant £519.76 financial loss special damages, and £5,000 for injury to feeling, general damages. 

3	Miss Moor, who appears on the ex parte hearing submits that both of those figures were low, and particularly she submits that the test made by the Tribunal was the wrong one, but we think that, without going in to detail, that all the points she makes in her Skeleton Argument are arguable, and in those circumstances, we will let the matter go forward for a full hearing.  

4	It would be helpful for the panel hearing the full appeal to know what, at the remedy hearing was the evidence, as to the medication of the Appellant and as to what happened about his seeking counselling.  

5	If the parties can agree on that evidence within the next twenty eight days, it would be helpful for them to do so.  If there can be no such agreement, we will ask the learned Chairman to provide notes of the remedy hearing limited to that point.  The usual Orders as to exchange of arguments to be put in the Order - Category C, estimated time, four hours.