EMPLOYMENT APPEAL TRIBUNAL
Appeal No: EAT/0332/05/DA

BEFORE

IN THE MATTER of an Appeal under Section 21(1) of the Employment Tribunals Act 1996 from the decision of an Employment Tribunal sitting at Reading and entered in the Register on the 4th day of April 2005

BETWEEN

AND

UPON HEARING Mr R Lieper of Counsel on behalf of the Appellant

AND UPON the Appeal having been set down for a Preliminary Hearing pursuant to paragraph 9(7)-(18) of the Employment Appeal Tribunal Practice Direction 2004

THE TRIBUNAL ORDERS THAT:

1. The appeal in relation to unfair dismissal be dismissed

2. The appeal in relation to unlawful discrimination contrary to the Race Relations Act 1976 be set down for a full hearing. The time estimate for such hearing to be half a day [the parties are to notify the Tribunal in writing if and so soon if as they disagree with such estimate]. Category C

3. The full hearing of this appeal be heard before a judge and two members

4. The Appellants to lodge an amended Notice of Appeal concentrating on discrimination in particular S45a and how it operated by noon Friday 15 July 2005

5. Within 14 days of the service of such amended notice of appeal, the Respondent must lodge with the Employment Appeal Tribunal and file an Answer, and if such Answer include a cross-appeal shall forthwith apply to the Employment Appeal Tribunal on paper on notice to the Appellant for directions as to the hearing or disposal of such cross-appeal

6. The Chairman is invited to supply his notes by the end of July 2005 if possible in relation to following:

a. Whether in the course of his examination Mr Boden explained to the ET the reason why Mr Hardiman was given a loan and

b. Whether in the course of his cross examination Mr Boden explained to the ET the health of Miss Hernandez and explained whether this was any reason for the speedy conclusion of the issue

7. If any application to adduce fresh evidence is to be made by any party then any such application must be lodged with the Employment Appeal Tribunal and served on the other party(ies) within 14 days of the seal date of this Order, and must address the following points, namely that;

(i) The evidence could not have been obtained with reasonable diligence for use at the Employment Tribunal.

(ii) It is relevant and would probably have had an important influence on the result of the case.

(iii) It is apparently credible.

8. The parties shall co-operate in compiling and agreeing and shall, by no later than 35 days from the seal date of this order, lodge with the Employment Appeal Tribunal 4 copies of an agreed, indexed and paginated bundle of material documents for the hearing of the appeal

9. The Appellant shall lodge with the Employment Appeal Tribunal and serve on the Respondent(s) a Chronology and the parties shall exchange and lodge with the Employment Appeal Tribunal Skeleton arguments for the purposes of this appeal, not less than 14 days before the date fixed for the hearing of the full appeal

10. The parties shall co-operate in agreeing a list of authorities and shall jointly or severally lodge a list or lists and copies of such authorities for the purposes of the appeal not less than 7 days prior to the date fixed for the hearing of the full appeal

11. Liberty to the parties to apply on paper on notice to the other party(ies) to vary or discharge this Order: the Employment Appeal Tribunal itself reserves the right to vary or discharge this Order on prior notice to the parties

12. Any request for a transcript to be made within 14 days of the date of the sealed Order

DATED the 12th day of July 2005, entered 13th July 2005.

TO:
Messrs Clifford Chance LLP for the Appellant
Messrs Darbys Solicitors for the Respondent

The Secretary, Central Office of Employment Tribunals, England & Wales

(Case No.2701126/04)