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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> S Thomas Comsoft Ltd v. Robinson & Anor [2001] UKEAT 737_01_1810 (18 October 2001) URL: http://www.bailii.org/uk/cases/UKEAT/2001/737_01_1810.html Cite as: [2001] UKEAT 737_1_1810, [2001] UKEAT 737_01_1810, [2003] IRLR 7

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APPEARANCES

 

For the Appellants	MISS B SUNDERLAND (Solicitor) Instructed By: Messrs Doyle Clayton Solicitors 69-70 Mark Lane London EC3R 7HS


 


JUDGE A WAKEFIELD:

1. This is an ex parte preliminary hearing of an appeal by Miss Thomas and Comsoft Ltd against a decision promulgated on 3 April 2001, of an Employment Tribunal sitting at London (South) which made a finding of race discrimination against the Appellants as regards the treatment of the First Respondent, Ms Robinson.
2. Mrs Chadwick, who appears as Second Respondent in the appeal documentation, was a Respondent to the original applications but should not be a party to the appeal since no findings of discrimination were made against her and we order that she be dismissed as a party to the appeal.
3. The decision of the Tribunal is criticised on the basis, first of all, that the conduct of the hearing was such that the representative of the Appellants was not permitted in cross examining the First Respondent to ask all the questions that she wished to in relation, particularly, to any detriment that the First Respondent might have suffered from the conduct of the Appellants.
4. Secondly, it is said that there was an absence of any finding in the Decision as to any detriment which the First Respondent might have suffered as a result of the conduct of the Appellants which the Tribunal found to be discriminatory.
5. We consider that there are arguments which should go forward on both those points to a full hearing.
6. We order that the Chairman's notes of the cross examination of the First Respondent, that is the original complainant, Ms Robinson, should be provided to the Appeal Tribunal. We order that skeleton arguments should be exchanged between the parties and provided to the Appeal Tribunal not later than 14 days prior to the hearing. We will put the matter into Category C with a time estimate of half a day.