ICE HOCKEY SUPER LEAGUE LTD v MR S HENRY [2000] UKEAT 1167_99_2206
[1]APPEARANCES For the Appellant MR T KIBLING (of Counsel) Messrs Eversheds Fitzalan House Fitzalan Road Cardiff CF24 0EE JUDGE CLARK In our view this appeal raises a number of legal questions which ought to be argued at a full hearing, specifically;(1) To what racial group did the Respondent, Shane Henry, belong?(2) Who is the proper comparator for the purposes of his complaint of unlawful race discrimination?(3) Has the Respondent established as a matter of law that he was less favourably treated than the appropriate comparator on grounds of his race?[2]We do not propose to develop these questions in this judgment. The arguments are clearly presented in the skeleton argument prepared by Mr Kibling, a copy of which shall be served on the Respondent forthwith. That skeleton argument should also be put with the papers for the benefit of the division hearing full appeal. Those are the points to be argued at that hearing in substitution for the grounds of appeal which appear in the notice dated 7 September 1999.[3]For the purpose of the full hearing we shall direct that this case be listed for one day, 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.[4]Mr Kibling should notify the Employment Appeal Tribunal and his opponent if he wishes simply to rely on the present skeleton argument, or to lodge a fresh skeleton argument for the full hearing.