MR J L MELBOURNE v THE MINISTRY OF DEFENCE [2000] UKEAT 522_00_2811
[1]APPEARANCES For the Appellant MR R MELLO (of Counsel) Instructed by: Mr S Aktar Commission for Racial Equality Legal Services Dept 3rd Floor, Lancaster House 67 Newhall Street Birmingham B3 1NA JUDGE H WILSON This has been the preliminary hearing of the proposed appeal by the original Applicant against the finding of the Employment Tribunal sitting at Cardiff that the Tribunal had no jurisdiction to hear his complaints of unfair dismissal and race discrimination, with the result that his application was struck out.[2]The position is that the Applicant was the best army recruit in 1996, but after that achievement, was the subject of discrimination, about which he complained in 1998. He was court-martialled, although he got a letter of apology from the Chief of Staff, General Sir Michael Walker.[3]Those are the brief background facts and we have been assisted today by the Skeleton Argument from Mr D Mello, who has appeared on behalf of the Applicant, and who states the two issues with commendable succinctness In our view the matter should go forward on both those grounds for full hearing, Category A to be tried by the President, or another High Court Judge with a time estimate of 3 hours.