Takeaway driver's case to be reheard

A FORMER Chinese takeaway delivery driver who won damages for being racially discriminated against will have to have her case reheard.

The tribunal hearing held in Southgate Street, Bury St Edmunds today overruled an original verdict in favour of Darlene Hickman (need to check spelling) on November 21.

The chairman of the tribunal Brian Mitchell said that it was in the interests of justice that the defendants, Peking Express had the chance to defend the case.

The proprietor of the Chinese Takeaway Jockwar Wong claimed that letters advising him of the date of the hearing had not reached him and said he was unaware the hearing had been heard until he was told by a friend.

Mr Mitchell said: "On balance we consider that the respondent did not take on board that the case was being heard on November 21 and that had he done so he would have arranged to attend as he did after the provisional hearing.

"We believe that it is in the interests of justice that he should be given the chance to defend this case and so we revoke the order.

"We accept that it would have had a serious impact on the reputation of his business and we took that factor into consideration."

Speaking after the hearing Miss Hickman, of Warwick Road, Ipswich, said: "Obviously I am disappointed with it, it's been a waste of time. I know that I'm telling the truth and now I will just have to come back again and prove it."

Miss Hickman had been awarded damages of £2,000 after the November hearing after it was found that the proprietors of the takeaway had unfairly sacked her.

Miss Hickman claimed that she was sacked on the basis that she was not Chinese.

She had worked for the company for a period of around one year.

The new hearing will be heard in front of a different tribunal on Thursday, March 13 at 10am.