Appeal No.	 EAT/746/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 30 April 2001

Before
HER HONOUR JUDGE A WAKEFIELD
MRS J M MATTHIAS
MR H SINGH

DR S DEMAN	APPELLANT

ASSOCIATION OF UNIVERSITY TEACHERS	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING EX-PARTE

Revised

	APPEARANCES

For the Appellant	MISS R CRASNOW
(Of Counsel)
Appearing under the
Employment Law Appeal
Advice Scheme	

JUDGE WAKEFIELD

1.	This is a Preliminary Ex Parte Hearing to determine whether the Appeal by the original Applicant against the decision of an Employment Tribunal sitting at London (North) should go ahead to a full hearing.

2.	By its decision, given on 23 April 1999 following a ten-day hearing, the Employment Tribunal dismissed the application based on race discrimination and victimisation.  We have been greatly assisted today by Counsel acting on behalf of the Appellant under the ELAAS Scheme who has identified a number of respects in which the Employment Tribunal are said to have erred in law.

3.	These points have been extrapolated from a nine page, somewhat rambling Notice of Appeal apparently drafted by the Appellant himself.  The Appellant having today abandoned any ground of appeal based on bias of the Chairman or other members of the Tribunal, it is our view that there are areas in which challenges may legitimately be mounted to the Employment Tribunal decision, especially concerning the inferences properly to be drawn from facts found (as to which facts no objection is taken so far as they go) and the failure of the Employment Tribunal properly to explain the reasons for their dismissal of the applications.  

4.	We will therefore allow the matter to proceed to a full hearing.  The Notice of Appeal must be amended.  We therefore order that a proposed amended Notice be filed with the Employment Appeal Tribunal and sent to the Respondents not later than 28 May 2001.  There must then be an Interlocutory Inter Partes Hearing for leave to amend in that form unless the Respondent indicates in writing not later than 11 June 2001 that there is no objection to the amended Notice of Appeal.