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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Walsh v. McDonagh & Ors [2000] UKEAT 631_00_1412 (14 December 2000) URL: http://www.bailii.org/uk/cases/UKEAT/2000/631_00_1412.html Cite as: [2000] UKEAT 631_00_1412, [2000] UKEAT 631__1412

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APPEARANCES

 

For the Appellant	MS K MONAGHAN (Of Counsel) Instructed by Liberty 21 Tabbard Street London SE1 4LA


 


JUDGE LEVY QC

1. On 1 February 2000 the Appellant Mr Walsh made a complaint to an Employment Tribunal alleging against the Respondent Margaret McDonagh (on her own behalf and on behalf of all other members of the Labour Party) that he had been a victim in his words of "age discrimination/preventing me the opportunity of standing as a Councillor".
2. Fairly quickly after the Appellant had been advised that there was to be a hearing as to whether there was jurisdiction, the Chairman sitting alone gave reasons on 6 April 2000 why the application was to be struck out on the grounds that age discrimination was not a course of action within the jurisdiction of the Tribunal and the application could therefore properly be struck out as frivolous.
3. A Notice of Appeal was lodged on behalf of Mr Walsh to this Tribunal dated 16 May under Miss Monaghan's imprint. Miss Monaghan has appeared on the ex parte hearing of the Appeal today and has first sought to amend the Notice of Appeal to add 2 further grounds to it and secondly to argue why all 3 grounds originally presented and the 2 further grounds should go forward to a full hearing.
4. Given the intricacies of the rules in question, we do not think it is unreasonable for her to seek to amend the Notice of Appeal at this stage. It would be appropriate perhaps for the Respondents to have been given notice of the proposed amendment before this hearing but in the context of the case we think it would be appropriate for us to grant leave, subject to the Respondents if they so wish showing cause why it should not be allowed.
5. As to the 3 grounds of appeal now argued in the amended Notice of Appeal having heard submissions from Miss Monaghan for some 30 minutes we are satisfied that there is an arguable point raised on each. In those circumstances we give leave for an amended Notice of Appeal to be lodged correctly filled in within the next 7 days and direct that the matter should go forward to a full hearing. Category C. Half a day, leave to the Respondents to serve an answer.