Appeal No.	 EAT/258/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 14 July 1999

Before
HIS HONOUR JUDGE D PETER CLARK
MR HODGKINS
MRS SWITZER

MR F O ADEAGBO	APPELLANT

DEPARTMENT OF HEALTH	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MR MANJIT PANESAR
(of Counsel)
Instructed By:
Ms L Connerty
Principal Litigation Officer
Commission For Racial Equality
Elliott House
10/12 Allington Street
London  SW1E 5EH	

JUDGE CLARK:	This is an appeal by Mr Adeagbo against a decision of the London North Tribunal Chaired by Mr D H Roose, which sat over four days in December 1997 to hear his complaints of unlawful direct racial discrimination and victimisation brought against his former employer, the Department of Health.  By that decision, promulgated with extended reasons on 5 January 1999, the complaints were dismissed.

1	The principle ground of complaint in this appeal is that the Tribunal could not properly conclude at the end of the Appellant’s case that the claims failed without hearing evidence from the Respondent.  Mr Panesar submits that the case could not properly be characterised as frivolous, hopeless or wholly without merit so as to bring it within the exception identified in the authorities, to which he has referred us, to the general rule that in discrimination cases the Tribunal should hear from both sides.  Establishing a case of discrimination will often depend upon the Tribunal drawing an inference of unfair discrimination from the whole of the evidence.

2	We shall say no more at this preliminary hearing stage, other than that we think the case should proceed to a full inter partes hearing.  For that purpose we accept, as the Respondent submits in their PHD form, that the point in the appeal cannot properly be considered without the full Chairman’s Notes of Evidence.  Accordingly we direct that the Chairman be asked to provide his full notes.  

3	The appeal will be listed for one full day, Category B.  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.