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THE INDUSTRIAL TRIBUNALS
CASE REF: 561/04
3706/03
APPLICANT: Jenson Euchlid Moore-Delicorish
RESPONDENTS: 1. Ministry of Defence
2. Captain K M Belam
DECISION ON A PRE-HEARING REVIEW
The unanimous decision of the tribunal is that it does not give an opinion or make an order for a deposit in this case.
Appearances:
The applicant appeared in person.
The respondents were represented by Mrs F Chamberlain of Crown Solicitor's Office.
- The applicant wrote a letter which was received on 2 February 2004 and was treated as an originating application. The respondents entered a Notice of Appearance on 23 April 2004 and then sent a letter to the tribunal requesting a pre-hearing review on the grounds that the claim which they took to be a claim of race discrimination as the applicant had other claims of race discrimination, had no likely prospect of success.
- At this hearing the applicant produced an extract from a case which was heard by the Employment Appeal Tribunal which he called Brown –v- Kigass. Mrs Chamberlain said that she was not able to find this case on the EAT website and the tribunal itself had difficulty. However, the applicant was able to give a fuller citation after the hearing and the tribunal has looked at this case. It is actually called Kigass Aero Components Limited –v- Mr K Brown and the citation is EAT/481/00. When we considered this case we saw that it was a case brought under the Working Time Regulations and not under the Race Discrimination legislation. Again when we looked at the letter sent by the applicant it does not specifically mention race discrimination and indeed he submitted to the tribunal that he was not complaining under race discrimination but he was concerned about his entitlement to annual leave when he was on sick leave. The case which he has exhibited to the tribunal and which we have studied in detail does not preclude him from bringing his own application to the tribunal. It is for the tribunal itself to determine the claim before it and we consider that this is a claim properly brought under the Working Time Regulations. It is not appropriate to join this claim to the applicant's other claims of race discrimination and those claims will proceed to be heard first.
____________________________________
M P PRICE
Vice President
Date and place of hearing: 18 January 2004, Belfast
Date decision recorded in register and issued to parties:
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