D'Souza v London Borough Of Lambeth

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 1 July 1998 Before

The material complaint came on for hearing before an Industrial Tribunal sitting at London (South) on 19th September 1996, Chairman, Mr G W Davis. By a decision with extended reasons dated 11th December 1997, ["the substantive decision"], the tribunal held that the sex discrimination complaint was out of time and that it would not be just and equitable to extend time, and further, that the appellant had no separate claim under the Directive.

Against the substantive decision Mr D'Souza has appealed to this tribunal by a Notice dated 14th January 1998 - EAT/199/98 ["the first appeal"]. The first appeal is listed for a preliminary hearing later today before a full appeal tribunal consisting of myself, Lord Gladwin and Mr Warman, (the full Appeal Tribunal.)

By letter dated 21st December 1997, Mr D'Souza applied for a review of the substantive decision. That application was considered by the original tribunal Chairman, Mr Davis, who, by a decision with extended reasons dated 2nd February 1998, refused the review application under Rule 11(5) of the Industrial Tribunal (Constitution and Rules of Procedure) Regulations 1993 on the ground that it had no reasonable prospect of success in the Chairman's opinion ["the review decision"].

Against the review decision the appellant has appealed by a Notice dated 7th February 1998 - EAT/489/98 - ["the second appeal"]. The second appeal is also listed for preliminary hearing later today before the full Appeal Tribunal.