MR B SINGH v PILKINGTON UK LTD T/A PILKINGTON SEALED UNITS [1999] UKEAT 634_99_1607

EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [1999] UKEAT 634_99_1607Case No Appeal No. EAT/634/99Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Between
MR B SINGHAPPELLANTPILKINGTON UK LTD T/A PILKINGTON SEALED UNITSRESPONDENT
Before
His Honour Judge D M LevyLord Davies of CoityDate 16 July 1999
[1]APPEARANCES For the Appellant IN PERSON JUDGE LEVY: Mr Balbir Singh made a complaint to an Employment Tribunal that he had been subject to racial discrimination and victimisation. His complaint was dated 6 May 1998. After appearance had been put in by the Respondent, there was a hearing before a Tribunal sitting at Birmingham on 22 March when both sides were represented by Counsel. Prior to the hearing, an agreement had been reached between the parties and the terms of that agreement are recited within the extended reasons sent to the parties on 14 May 1999. One of the terms was this:
"The respondent is pleased to confirm that within the next two months it is to convene Equal Opportunities training for those with supervisory and managerial roles, in its processing and merchanting division UK. This has been conducted as part of a continuing review of employment policies and procedures."
And another term was:
"The respondent is also pleased to confirm that there will be no recrimination against the applicant as a result of the above proceedings."
Having heard Counsel for both parties and having seen that agreement, the Tribunal made this[2]By Notice of Appeal the Appellant has said and in his oral submissions very carefully expressed to us this morning that he felt let down by those who represented him on that day. Notwithstanding his disappointment in this, there was in our view, a clear withdrawal by him, through Counsel, of the complaint which he had made, and in those circumstances there can be no successful appeal from the decision of the Employment Tribunal. New evidence cannot be introduced now to support the claim which the Appellant wishes to advance.[3]If as he suggests, the Appellant has been let down by his professional advisors he may have a remedy elsewhere – we express no opinion on this. However, this appeal has no chance of success and therefore we have to dismiss it at this stage.

order

"the applicant's complaints of race discrimination and victimisation are dismissed on withdrawal by the applicant."