COLLEGE OF NORTH WEST LONDON v MS R L POWELL [1999] UKEAT 479_99_3006
[1]APPEARANCES For the Appellants MR S DEVONSHIRE (of Counsel) Instructed by: Ms S Thomson Legal Personnel & Recruitment Services London Borough of Brent Chesterfield House 9 Park Lane Wembley Middlesex HA9 7RW JUDGE PETER CLARK : The applicant, Ms Powell, brought complaints of sex and race discrimination and victimisation against her employers, the College of North West London before the London (North) Employment Tribunal. She provided detailed amended grounds of complaint, supplemented by further grounds added by letter to the College's solicitors dated 13th May 1998.[2]The matter came before a tribunal chaired by Mr G Flint on 22nd to 24th September 1998. Following two further days of deliberation in Chambers the tribunal promulgated their decision with extended reasons on 22nd February 1999.[3]The applicant succeeded in part, the tribunal finding that she had been victimised under s. 4 of the Sex Discrimination Act 1975 . The relevant protected act was said to be her complaint to Mr Hill, Head of Art, Community and Leisure Studies, and Mr Edwards (Section Manager in the Department) about sex discrimination against her by Mr Birch, the curriculum leader. The victimisation, held the tribunal, consisted of inaction on those complaints.[4]In this appeal Mr Devonshire contends that the tribunal fell into error by making a finding of victimisation which was neither pleaded nor asserted nor pursued by and on behalf of the applicant, who was represented by Counsel, before the Employment Tribunal. He submits that her pleaded claims were all dismissed.[5]We are satisfied that this appeal requires a full inter partes hearing and we so direct. For that purpose we shall also give the following directions:(1) That the Chairman, Mr Flint, be asked to provide a Note of the applicant's Counsel's opening statement before the tribunal.(2) This case should be listed for ½ a day, Category C.(3) 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 submitted to this Court at the same time.