Appeal No.	 EAT/791/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On  1 June 1998

Before
HIS HONOUR JUDGE PETER CLARK
MR R SANDERSON OBE
MR J C SHRIGLEY

MS J LAKAREBER	APPELLANT

UNIVERSITY OF PORTSMOUTH	RESPONDENTS

Transcript of Proceedings

JUDGMENT

INTERLOCUTORY HEARING

Revised

	APPEARANCES

For the Appellant	

NO APPEARANCE BY
OR REPRESENTATION
ON BEHALF OF
THE APPELLANT /
RESPONDENTS	
For the Respondents		

	JUDGE PETER CLARK:	This is an ex parte Preliminary Hearing held to determine whether this appeal raises any arguable point or points of law to go to a full appeal hearing.  The Appellant has asked that the appeal be determined on paper.

	We have considered the papers.  The two decisions or orders of the Industrial Tribunal against which this appeal is brought by the Applicant, Ms Lakareber, who complains of unlawful racial discrimination against the Respondent University, are as follows:

(1)  An order by the London (North) Industrial Tribunal dated 4 June 1998 that the case be transferred to the Southampton Industrial Tribunal office, and 

(2)  A direction by the Southampton Industrial Tribunal, by a notice of hearing dated 12 June 1998, that the case be listed for a Pre-Hearing Review on 10 July 1998.  That hearing has been adjourned pending the outcome of this appeal.

	Our difficulty in forming any view about the merits of the appeal lies in this basic factual question.  By the order of the London (North) Industrial Tribunal it is said:

“On the direction of a chairman of the Tribunals and with the agreement of both parties, the above application has been transferred to the Southampton Tribunals Office for hearing.”

	One of the points raised by the Appellant in her Notice of Appeal is that she did not agree to the transfer.  On the contrary, she says that Southampton is most inconvenient to her, living as she does in London.  Did she agree or not?

	We direct that the relevant papers be sent to the London (North) Regional Chairman for her comments as to the basis on which the unidentified Chairman made the direction “with the agreement of both parties”.  How was that agreement signified?

	Upon receipt of the Regional Chairman’s comments I shall give further directions for the disposal of this matter.  Meanwhile this appeal is adjourned.