Carver v Saudi Arabian Airlines, Court of Appeal - Civil Division, March 17, 1999, [1999] EWCA Civ 1002,[1999] ICR 991

Reporting Judge: [1999] EWCA Civ 1002,[1999] ICR 991

President: Carver v Saudi Arabian Airlines

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Extract

Carver v Saudi Arabian Airlines, Court of Appeal - Civil Division, March 17, 1999, [1999] EWCA Civ 1002,[1999] ICR 991

IN THE SUPREME COURT OF JUDICATURE EATRF 98/0313/3

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL

Royal Courts of Justice

Strand

London WC2

Wednesday, 17 March 1999

B e f o r e:

LORD JUSTICE BELDAM

LORD JUSTICE WARD

LORD JUSTICE MANTELL

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CARVER (NEE MASCARENHAS)

APPELLANT

- v -

SAUDI ARABIAN AIRLINES

RESPONDENT

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(Transcript of the handed down judgment of

Smith Bernal Reporting Limited, 180 Fleet Street,

London EC4A 2HD

Tel: 0171 421 4040

Official Shorthand Writers to the Court)

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MR D BEAN QC with MR T LINDEN (Instructed by Messrs Pattinson & Brewer, London WC1N 3HA) appeared on behalf of the Appellant

MR T BRENNAN (Instructed by Messrs Clifford Chance, London EC1A 4JJ) appeared on behalf of the Respondent

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J U D G M E N T

(As approved by the Court)

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Wednesday, 17 March 1999

J U D G M E N T

LORD JUSTICE MANTELL:

This appeal is concerned with the extent of the Employment Tribunal's jurisdiction to entertain claims under Part X Employment Rights Act 1996 and Part II of Sex Discrimination Act 1975. The point has been described as important and one on which guidance would be welcome.

The Facts.

Thankfully the facts are straightforward and I can take them quite shortly. For nearly ten years until her resignation on 10th April 1996 the appellant worked for Saudia Arabian Airlines as a flight attendant. The contract of employment (dated 16/4/86) was expressed to be subject to the laws of...

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