Judge Metcalf’s letter - written before the case was due to be heard at the Watford Tribunal reproduced here shows that Judge Metcalf had already made up his mind that no matter what the evidence presented to him Ms Keane case would fail
|Despite this communication showing that Judge Metcalf had pre-judged the matter Ms Keane believed that the overwhelming evidence of discrimination would sway the Tribunal. Alas the judges had already made up their minds and Judge Ryan who presided over the final hearing affirmed that he agreed with everything Judge Metcalf says here and he said that Ms Keane should have taken this letter from Judge Metcalf as a warning to withdraw her case.|
|Judge Metcalf repeats the tired old prejudices of the Financial Recruitment business namely that certain jobs are only suitable for the recently qualified - This is simply an ageist view.|
3rd Floor, Radius House,
Direct Dial: 01923281773
All Respondent Representatives
Date: 26 February 2008
EMPLOYMENT TRIBUNALS RULES OF PROCEDURE
Miss ME Keane v
Ellls Fairbank plc
Employment Judge Metcalf has directed me to write as follows:-
'The parties who do so are asked to stop their practice of copying the Employment
Tribunal into the correspondence between themselves as this is making the
management of the case unwieldy. If a party wishes to clarify something or seeks
some order or other action from the Employment Tribunal then of course they can
and should write to us, but not otherwise.
There are a number of claims against a number of Respondents which appear to be,
effectively, separate claims, the only common factor being that the Claimant
responded to advertisements for newly- or recently-qualified accountants.
The Employment Tribunal will consider, at the Case Management Discussion on 14
April 2008, listing each of the claims for separate final hearings.
The Employment Tribunal will also wish to consider what detriment the Claimant
asserts she has suffered. She became a fully-qualified accountant in June 1990. In
most .professions posts advertised as suitable for newly- or recently-qualified
candidates tend to be at rather lower salaries as the candidates have yet to develop
and/or demonstrate their expertise and competence. In her ET1, the Claimant states
that she is currently employed as a part-time accountant and puts forward, as her
detriment for being rejected by the various Respondents, the argument that she is
"confined to working part-time with the limited progression that implies; rather than
being able to pursue a full-time career with structure, prospects and appropriate
The Employment Tribunal has several observations to make. First, many people
change careers and join a profession, not fresh from university, but at a later stage in
their lives; it is perfectly possible for a newly-qualified accountant to be 25 years old
or 50 years old. Second. It IS not at all clear to the Employment Tnbunal as to why a
qualified accountant of some 17 years' post-qualification experience who is currently
working part-time, needs to apply for junior positions in order to work full-time: why
can she not apply for full-time posts suitable for candidates who have demonstrated
their competence at more senior levels such posts of course tend to command
higher salaries. Of course. there may well be good reasons, but in due course the
Employment Tribunal will need to be persuaded of that by evidence.
The Employment Tribunal hereby revokes the order for the mutual exchange of
witness statements by 3 March 2008.
Instead, the Claimant is ordered to prepare a separate schedule for each
Respondent. identifying what. if any. additional disclosure she seeks, and explaining
her reasons for believing such disclosure to be relevant to her claim. She is to serve
each Respondent with the with the appropriate schedule by no later than 11 March
Each Respondent shall then either provide the Claimant with a copy of the
documents required or state their grounds for objecting to such disclosure by no
later than 25 March 2008.
This will enable the Employment Judge at the Case Management Discussion to
decide what orders for disclosure are both relevant and proportionate.
Except in so far as it is necessary to enforce the above orders, the Employment
Tribunal does not propose making any further orders between now and the Case
for Regional Secretary
cc The Conciliation Officer, ACAS
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