BIRMINGHAM INTERNATONAL AIRPORT v MR A HAYLES [1999] UKEAT 1117_99_1011

EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [1999] UKEAT 1117_99_1011Case No Appeal No. EAT/1117/99Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Between
BIRMINGHAM INTERNATONAL AIRPORTAPPELLANTMR A HAYLESRESPONDENT
Before
His Honour Judge D Pugsley Mr A C Blyghton Mr J C ShrigleyDate 10 November 1999
[1]APPEARANCES For the Appellants MS I OMAMBALA (of Counsel) Instructed by: Ms S Bunker Messrs Eversheds Solicitors 115 Colmore Row Birmingham B3 3AL JUDGE PUGSLEY : This is an appeal on behalf of Birmingham International Airport Limited, against the decision of the Employment Tribunal sitting at Birmingham on 16th August 1999, promulgated with extended reasons and sent to the parties on 31st August 1999. The decision of the tribunal was:
"The unanimous decision of the tribunal is that the applicant is given leave to present out of time a second application alleging race discrimination by the respondent in the exercise of the tribunal's discretion under section 68(6), Race Relations Act 1976."
[2]We will adjourn our judgment in this case so that the appellants can be at liberty to make an application to the Employment Tribunal, out of time, for a review.[3]We are firmly of the view that cases where they are founded on this sort of situation are far more appropriate, in the first instance, be dealt with by way of review. We consider it comes within the ambit of review, but it is up to the Chairman of the Employment Tribunal.