MRS B BHAYANI v SOFT FOCUS SYSTEMS LTD [2000] UKEAT 117_00_1311
[1]APPEARANCES For the Appellant MR T de la MARE (of Counsel) Appearing under The Employment Law Appeal Advice Scheme JUDGE WILSON : This has been the preliminary hearing of the proposed appeal by the original applicant against the decision of the Employment Tribunal on 1st December 1999 that her application should fail. The appellant had complained of unfair dismissal and sex discrimination because of circumstances which arose after she had begun maternity leave on 9th February 1999. When the due date came for her to return, she was advised by her general practitioner not to do so by reasons of ill health and eventually went back on 19th April 1999. She was informed that she had been made redundant on the first day of her return. The respondents, indeed, say that when she did return it was suggested that she should take paid leave. The respondents say that they restructured the company while the appellant was away so that her job changed to a different office and more work was farmed out. The respondents say that alternatives were discussed and that the dismissal was fair.[2]Today, the proposed appellant has had the advantage of being represented by Mr de la Mare under the provisions of ELAAS and he has submitted to the tribunal some outline submissions including three grounds of appeal.[3]Having heard what he has had to say in amplification of his skeleton, we are of the view that the matter should go forward on those three grounds of appeal and he is given leave to submit an amended Notice of Appeal within the next 14 days. The grounds of appeal as drafted at the moment will not be proceeded with. On the grounds proposed by Mr de la Mare we consider the matter should go to full argument. We think Category C and we suggest a time of two hours.