Appeal No. EAT/1340/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 30 April 2001

Before
HER HONOUR JUDGE A WAKEFIELD
MRS J M MATTHIAS
MR H SINGH

MR J LIGGINS	APPELLANT

THAMESLINK RAIL LTD	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MR D O’DEMPSEY
(Of Counsel)
Instructed by
Messrs Russell Jones & Walker
Solicitors
Swinton House
324 Gray’s Inn Road
London
WC1X 8DH	

JUDGE WAKEFIELD

1.	This is an Ex Parte Preliminary Hearing to determine whether the Appeal of Mr J Liggins should proceed to a full hearing.  The decision appealed against is that of an Employment Tribunal sitting at London (South) in August 2000 which determined as a preliminary point that the Appellant was not disabled within the meaning of the Disability Discrimination Act.

2.	The decision has been criticised before us on behalf of the Appellant on 2 bases.  Firstly that the Employment Tribunal failed to take into account and make any findings as to past disability of the Appellant, which was relevant on the issue of the failure of the Respondent to confirm a job offer, and secondly that the Employment Tribunal failed to apply correctly the objective criteria as regards disability.  On the latter point we have been referred to the case of Goodwin v The Patent Office [1999] ICR 302.

3.	Having read the decision of the Employment Tribunal and having heard the arguments addressed to us today on behalf of the Appellant we do consider that the criticisms of the decision amount to matters of law which are arguable.

4.	The case should proceed to a full hearing - Time Estimate 1 day - Category B.  Skeleton arguments to be exchanged and filed not later than 14 days prior to the day of the hearing.