MISS K PRESTON v JOHNSTON & JOHNSTON T/A TOM HENRY'S RESTAURANT [1999] UKEAT 389_99_0706
[1]APPEARANCES For the Appellant MR MARRIOTT (Solicitor) Labour Lex Ltd Office 21 Castle Park Frodsham Cheshire WA6 6UJ JUDGE PETER CLARK : This is an appeal by the Applicant, Miss Preston, against the remedies decision of an Employment Tribunal sitting at Liverpool on 6 th January 1999, following that Tribunal's earlier finding at a liability hearing held on 24 th September 1998 that the Appellant had been unlawfully discriminated against on grounds of her sex and unlawfully dismissed by her former employers, the Respondents. The Tribunal found that she had been dismissed for a reason connected with her pregnancy. The appeal raises three points:(1) that in calculating the loss of earnings suffered by the Appellant the Tribunal erred in a) reducing the award by taking into account monies paid by the Respondent in respect partly of wages due prior to the date of dismissal, and secondly for statutory maternity pay, which would not have started until 25 th September 1998, that is, after the cut off date for loss of earnings found by the Tribunal to be 15 th August 1998, and b) in taking that cut off date of 15 th August when the evidence did not support such a finding(2) the level of compensation for injury to feelings was demonstrably too low, and(3) whether this was an appropriate case in which to award aggravated damages.[2]We think that these points ought to be argued at a full hearing and for that purpose we shall direct that the Chairman be asked to provide his notes of evidence of the Appellant herself, that evidence being given at the remedies hearing only, and secondly the evidence of Mr Johnston, one of the Respondents, given at the liability hearing on 24 th September 1998.[3]The case will be listed for three hours, 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 will be lodged with this Tribunal at the same time.