United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	THE APPELLANT IN PERSON


 


JUDGE WAKEFIELD

1. This is an Ex Parte Preliminary Hearing of the Appeal of Mr C Khalid against the decision of an Employment Tribunal sitting at Leeds on 21 August 2000 whereby they dismissed his application based on racial discrimination, on the grounds that it was out of time and that it was not just and equitable for it to be allowed to proceed.
2. The matters complained of in originating application had occurred in February 1997 and July and October 1998. The originating application was presented on 20 April 2000. As the Employment Tribunal identified in its decision, in order to substantiate the complaints (which were based on failure by the Respondent to allocate to the Appellant taxi jobs by reason of his race) the Appellant would have had to rely on brief conversations taking place between the taxi operator and the taxi drivers over their radios, such conversations having taken place some years earlier and there being little or no documentation.
3. The Employment Tribunal correctly identified the evidential problems which would face both parties if the matter were allowed to proceed so long after the events relied upon had occurred. They considered also the question of prejudice to the parties. The Appellant was in an unfortunate position since he had, immediately after the latest event relied upon in October 1998, consulted the Bradford Equality Council, which had let him down and failed to pursue his case.
4. Notwithstanding this, the Tribunal held that in all the circumstances it would not be just and equitable to allow the application to proceed. We are unable to say that the Employment Tribunal made any error in law and the Appeal must fail.