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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Rhoden-Burke v. Lambeth & Anor [2001] UKEAT 1060_00_0103 (1 March 2001) URL: http://www.bailii.org/uk/cases/UKEAT/2001/1060_00_0103.html Cite as: [2001] UKEAT 1060__103, [2001] UKEAT 1060_00_0103 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
LORD GLADWIN OF CLEE CBE JP
MR T C THOMAS CBE
APPELLANT | |
2) CAPITA BUSINESS SERVICES SECOND |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
INTERLOCUTORY HEARING
For the Appellant | MS K MONAGHAN (of Counsel) Messrs Deighton Guedella Solicitors Top Floor 30/31 Islington Green London N1 8DZ |
For the 1st Respondent For the 2nd Respondent |
MR D J O'DEMPSEY (of Counsel) Borough Solicitor's Office London Borough of Lambeth Lambeth Town Hall Brixton Hill London SW2 1RW MS A GILES (Representative) |
HIS HONOUR JUDGE PETER CLARK:
a) A preliminary hearing was to be held to determine the following issues:
1) Whether in or about 1994 it was agreed that the Applicant could return to work in September 1999 under Lambeth's five-year option scheme.
2) Whether the Applicant complied with the requirements to give notice of her intention to return to work as required by that scheme.
3) Whether the Applicant had a contractual right to return to work and if she did on what date that right took effect.
4) Whether Lambeth or Capita is contractually liable for a breach of the Applicant's contractual rights.
5) Whether the Applicant is a person who has a right to present a complaint of sex discrimination against Lambeth or Capita under Sections 1 & 6 of the Sex Discrimination Act 1975.
b) The question as to whether permission should be granted to the Applicant to serve her questionnaire out of time was put over. The order at paragraph 6 indicates that that question will be permitted at the end of the full merits hearing. It is common ground before us that that must be a slip. Paragraph 5 of the Chairman's reasons makes it clear that a ruling on that question is to be made at the end of the preliminary issue hearing.
c) That the Applicant provide her consent in writing to Lambeth to approach her Tax Office to see whether she had taken employment since October 1994, coupled with a direction that she provide the necessary information for that purpose. That direction was subsequently put into the form of an order dated 8 August, to be complied with on or before 15 August 2000.