JOSEPH ASH & SON LTD T/A ALBION GALVANISERS v MR A T HIPKISS [1999] UKEAT 472_99_1507
[1]APPEARANCES For the Appellants MR T LINDEN (of Counsel) Instructed By: Mr R Linskell Legal Advisor Engineering Employers Federation Broadway House Tothill Street London SW1H 9NQ JUDGE CLARK: This is an employer's appeal against a decision of the Birmingham Employment Tribunal promulgated with Extended Reasons on 23 February 1999, upholding the Applicant, Mr Hipkiss' complaints of disability discrimination and unfair dismissal. Having considered the detailed grounds of appeal, supplemented by Mr Linden in both written and oral submissions, we are satisfied that the appeal as presently constituted ought to proceed to a full inter-partes hearing. For that purpose we shall direct the case be listed for one full day, Category A. 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 Court at the same time.[2]Mr Linden has made application for the Chairman's Notes of Evidence. It seems to us that it would be of assistance to the Court hearing the full appeal if the Chairman were to be asked to provide his comments, by reference to the Notice of Appeal, on the suggestion in paragraph 7 of the Notice that there was no evidence before the Tribunal of any existing job which the Respondent employee could perform, and which did not require work in the vicinity of molten zinc, or the pickling vats, or ability to drive a forklift truck, or to work nightshifts or to climb ladders or to work at heights. And for the avoidance of doubt, the Chairman is also invited to comment by reference to his Notes of Evidence to the specific allegations raised in paragraph 12 (1) – (5) in the Notice of Appeal.