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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Humphreys v Environment Agency [1999] UKEAT 24_99_1404 (14 April 1999) URL: http://www.bailii.org/uk/cases/UKEAT/1999/24_99_1404.html Cite as: [1999] UKEAT 24_99_1404

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APPEARANCES

 

For the Appellant	Mr Wilson (of Counsel) Appearing under the Employment Law Appeal Advice Scheme


 


JUDGE PETER CLARK: This is an appeal by the Applicant before the Cardiff Employment Tribunal, Miss Humphreys, against that Tribunal's decision promulgated with extended reasons on 3rd November 1988, dismissing her complaint of disability discrimination against her former employer, the Environment Agency.

The Notice of Appeal in this case was settled by solicitors Leo Abse & Cohen, who did not appear below. Subsequently, the Appellant has lodged with this Tribunal, a Form of Amendment to the Notice of Appeal which raises matters which the Respondents say were not raised below. That difficulty has been overcome because, today, Mr Wilson represents the Appellant under the ELAAS pro-bono scheme and expressly, on instructions, abandons the grounds set out in the Amended Notice of Appeal and relies solely on the grounds set out in the original Notice of Appeal. Accordingly, we shall not grant leave to amend the Notice of Appeal.

Having heard submissions in support of those grounds, we are satisfied that there is an arguable case to go forward to a full Appeal Hearing, based on the contention that the Employment Tribunal failed to follow the steps recommended by Mr Justice Bell in the decision in Morse -v- Wiltshire County Council [1998] ICR 1023. Accordingly, the matter will proceed on the basis of the original grounds of appeal to a hearing which should be listed for 1 day, Category A. There will be exchange of skeleton arguments between the parties, not less than 14 days before the date fixed for the full Appeal Hearing. Copies of those skeleton arguments to be lodged with this Tribunal at the same time.

Finally, we make this observation in case it is of assistance to the relevant authorities. The disability discrimination cases remain in their infancy. They raise difficult questions of law before this Tribunal. That is a matter which we hope will be taken into account by the Legal Aid Committee in the event that Miss Humphreys is eligible for and applies for Legal Aid in connection with the further conduct of this appeal.