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United Kingdom Employment Appeal Tribunal


You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Edwards v Derby City Council [1997] UKEAT 1353_97_2301 (23 January 1997)
URL: http://www.bailii.org/uk/cases/UKEAT/1997/1353_97_2301.html
Cite as: [1997] UKEAT 1353_97_2301

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BAILII case number: [1997] UKEAT 1353_97_2301
Appeal No. EAT/1353/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
             At the Tribunal
             On 23 January 1997

Before

HIS HONOUR JUDGE PETER CLARK

MR E HAMMOND OBE

MR R H PHIPPS



MRS S M EDWARDS APPELLANT

DERBY CITY COUNCIL RESPONDENT


Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

© Copyright 1997


    APPEARANCES

     

    For the Appellant MR N RANDALL
    (of Counsel)
    Messrs Reynolds Porter Chamberlain
    Solicitors
    Chichester House
    278/282 High Holborn
    London WC1V 7HA
       


     

    JUDGE PETER CLARK: In this appeal Mr Randall seeks to argue a point in relation to maternity pay in the case of a teacher by reference to Article 119 of the EEC Treraty and the European Court of Justice decision in Gillespie v Northern Health Board [1996] ICR 498 which an Industrial Tribunal sitting at Nottingham on 22 September 1997 described as "superficially attractive" before rejecting it.

    This is a preliminary hearing held to determine, first, whether the appeal raises an arguable point of law. We think that this appeal does raise a point of law which is arguable in the sense that this tribunal would find it of assistance to hear argument also from experienced Counsel instructed on behalf of the Respondent before finally adjudicating on the appeal.

    In these circumstances we shall allow the appeal to proceed to a full hearing and direct that it be listed for half a day, category B, skeleton arguments to be exchanged 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 within the same time scale.


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URL: http://www.bailii.org/uk/cases/UKEAT/1997/1353_97_2301.html