Appeal No.	 EAT/428/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 21 July 1999

Before
HIS HONOUR JUDGE HAROLD WILSON
MR D CHADWICK
LORD DAVIES OF COITY CBE

DR KARAMAT HUSSEIN	APPELLANT

(1) DEPARTMENT OF HEALTH 	RESPONDENTS
(2) THE SPECIALIST TRAINING AUTHORITY	

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING – EX PARTE

Revised

	APPEARANCES

For the Appellant	MR C QUINN
(of Counsel)
Instructed by:
Anunay Jha
Principal Litigation Officer
Commission for Racial Equality
Elliot House
10-12 Arlington Street
London
SW1 5EH	

	JUDGE HAROLD WILSON:	This is the preliminary hearing for the proposed appeal by the original applicant, Dr Hussein, against the decision of the Employment Tribunal that it had no jurisdiction to consider the complaints against the first and second respondents.

1.	The appellant is a medical doctor who had wished to be considered by the Special Training Authority in this country (the Special Training Authority of the Royal Medical Colleges) so that he could qualify himself for a consultancy position in the National Health Service. He had applied in 1997 and there had been considerable correspondence concerning his application. Eventually he was informed that his postgraduate qualification MRCP (I) was not acceptable. It is however acceptable for Irish doctors and therefore the appellant complained of direct and indirect racial discrimination when he applied to be placed on the Specialist Register.

2.	The case involves aspects of statutory and regulatory legislation and the possibility of involvement with and conflict with certain legislation of the European Community. We therefore consider that it should proceed to a full argument. We categorise it Category A and place a time estimate of three hours upon it. We direct that skeleton arguments should be exchanged not less than 28 days before the date fixed for the final hearing. We do not have the benefit of the correspondence to which we have been referred, so a further direction is that an agreed bundle of correspondence should be prepared and served on the tribunal not less than 28 days before the date of final hearing.