At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
(AS IN CHAMBERS)
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MR J WAITHE (of Counsel) Messrs Dalton Barrett 58 Britton Street London EC1M 5UP |
For the Respondents | MR R GREENING (of Counsel) Harrow Legal Services London Borough of Harrow Civic Centre Station Road Harrow HA1 2UH |
JUDGE CLARK
History
The Appellant was employed by the Respondent Council as a Personnel Manager from 18 August 1996 until his summary dismissal on 18 February 1998. He presented 2 Originating Applications to the Employment Tribunal. The first on 6 October 1997, alleged racial discrimination and other matters; the second, presented on 14 April 1998, complained of unfair dismissal and racial discrimination/victimisation.
Extension of Time
The Appellant's Explanation
Judgement on Costs
(1) This appeal was unnecessary within the meaning of Rule 34(1) EAT Rules. It was a "non-starter", to use Bristow J's expression in Redland Roof Tiles Ltd -v- Eveleigh (1979) IRLR 11. Prima facie, the Respondent is entitled to its costs in the appeal.
(2) The Appellant appears to have been covered by a Legal Aid Certificate from 11 December 1999 until after completion of the hearing before me on 25 July 2000.
(3) I accept that the Appellant is currently unemployed and of limited means.
(4) In these circumstances I shall order that the Appellant pay the Respondent's costs in the appeal, but exercise my powers under Regulation 127 of the Civil Legal Aid (General) Regulations 1989 to postpone the determination of the Appellant's liability until such time as it may be shown, on further application by the Respondent, that the Appellant has the means to pay such costs as may be assessed.