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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Leeds Rhinos Rugby Club & Anor v. Howes & Ors [2001] UKEAT 0267_01_1710 (17 October 2001) URL: http://www.bailii.org/uk/cases/UKEAT/2001/0267_01_1710.html Cite as: [2001] UKEAT 0267_01_1710, [2001] UKEAT 267_1_1710

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APPEARANCES

 

For the Appellant	SIMON DEVONSHIRE (Of Counsel) Instructed by Messrs Read Hind Stewart Solicitors Trafalgar House 29 Leeds Place Leeds West Yorkshire LS1 2SP


 


JUDGE PETER CLARK

1. By a decision with Extended Reasons dated 30 October 2000 an Employment Tribunal sitting at Leeds upheld the Applicant, Mr Sterling's complaint of racial discrimination and victimisation, respectively insofar as (1) the 1^st and 2^nd Respondents below had excluded him from the first team squad and (2) the 1^st, 3^rd and 4^th Respondents failed properly to investigate his complaint of racial discrimination.
2. The Applicant was a professional rugby league football player of black African-Caribbean racial origin, employed by the 1^st Respondent club at the relevant time. The 2^nd Respondent was the Australian coach of the first team of the club; the 3^rd Respondent was the managing director and the 4^th Respondent the chief executive.
3. This is an appeal by the 4 Respondents below against such parts of the Employment Tribunal's subsequent remedies decision, promulgated with Extended Reasons on 8 January 2001 as:

(1) made a recommendation that on or before 22 December 2000 the 1^st Respondent should offer the Applicant a contract on the same terms as that into which he had entered dated 17 November 1999 and

(2) awarded the Applicant compensation for injury to feelings including an element of aggravated damages, in the total sum of £10,000.

4. As to the first part of the appeal, we are persuaded by Mr Devonshire that it is arguable that the Tribunal misdirected itself as to the extent to the power given to an Employment Tribunal to make recommendations under s56(1)(c) of the Race Relations Act 1976 for the reasons which he advances.
5. Similarly, we have formed the view that the arguments presented by Mr Devonshire on the second part of the appeal, the award of £10,000 compensation, require consideration at a full inter partes hearing. Accordingly we shall direct that this appeal proceed to a full hearing on the grounds set out in the notice of appeal and for that purpose we make the following directions:

(1) the Chairman be asked to provide his notes of the evidence given by the 4^th Respondent below Gary Hetherington at the remedies hearing only.

(2) that the appeal be listed for 4 hours. Category B.

(3) that the parties shall, not less than 14 days before the date fixed for the full appeal hearing, exchange skeleton arguments and at the same time lodge copies of those skeleton arguments with the Employment Appeal Tribunal.