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At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE LINDSAY (PRESIDENT)
MR G H WRIGHT MBE
MR K M YOUNG CBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING – EX PARTE
For the Appellant | MR C GLYN (of Counsel) Appearing under the Employment Law Appeal Advice Scheme |
MR JUSTICE LINDSAY (PRESIDENT): We have before us by way of preliminary hearing the appeal of Mr A A Lawal in the matter Lawal v Northern Spirit Ltd. Today, and we are grateful for this, Mr Glyn appears for Mr Lawal under the ELAAS system.
"Racially motivated post-employment references."
Mr Lawal claimed to have been dismissed or to have resigned on 20th March 1997, which, in other words, was something like 2½ years prior to his IT1. His employer, Northern Spirit, he said, had refused a reference upon a request being made to them on 17th February 1998. Again, one can see from the dates, a long time before the IT1. The reason for the refusal for the reference was, in effect, alleged to be a matter of victimisation. In Box 11 Mr Lawal said:
"I have the belief that refusal by the employer to provide references to this former employee post-employment is the employer's retaliation to subject me to further detriment because I brought a discrimination claim against same employer which was compromised."
"We respectfully submit that it is clear any proceedings of this nature should have been brought within 3 months of February 1998 and that this complaint has been presented so far out of time that it cannot be said to be "just and equitable" for the complaint to be allowed to proceed.
We therefore respectfully ask for a preliminary hearing to determine this point before the Respondent is put to yet further substantial costs by this applicant."
That reference there to February 1998 was a reference back to when Mr Lawal had made a request for a reference.
"RE: RECOVERY ASSISTANT (RENTS) – MR A A LAWAL
The above named was employed by Northern Spirit as a Conductor from 25th April 1977 to 20th March 1997 when he retired under the early retirement arrangements.
I am sorry but it is not our policy to answer specific questions on discipline, performance, personal attributes of former employees, etc. In the circumstances I am unable to provide the information requested."
So, presumably, on that account the employer switched argument away from the time bar point that referred back to 17th February 1998 to the argument that the ability to complain given by statute related only to employees and not to former employees.
"The Tribunal does not have jurisdiction to hear the complaint brought by the applicant in this matter for the reasons set out below."
The reasons set out below include reference to Coote v Granada Hospitality Ltd [1998] IRLR 65 and Post Office v Adekeye (No. 2) [1997] IRLR 105 CA.