Joseph v Marshall & Anor [1999] UKEAT 862_98_0103

EAT
Joseph v Marshall & Anor
[1999] UKEAT 862_98_0103 · 1999-03-01

JUDGE D M LEVY QC :

Mr C. Joseph does not appear today on his appeal. On 24 March 1998 an Employment Tribunal received an application by him for relief against(1) Mr C Marshall and(2) ALG UK Ltd. There was a simple issue before a full Tribunal sitting at Bristol on 12 May 1998. The decision was remitted to the parties on 22 May 1998.The issue was whether the application by Mr Joseph had been brought within the time limits allowed by the Race Relations Act. He claimed that on 24 November 1997 he had been dismissed from employment on the grounds of race. The Tribunal found that his application was presented outside the 3 month prescribed time limit, that it was reasonably practicable for the proceedings to have been brought within that time and it was not appropriate in the circumstances to extend that time. There was an application for a review dated 31 May 1998. The decision on that was sent to Mr Joseph on 22 June. Refusing the application, the Chairman stated:
"The applicant has given no new or any good reason for a review. Indeed his application discloses that the Commission for Racial Equality specifically told him in their letter dated 19 February 1998 of the need to act without delay, and despite this he delayed until 24 March 1998 before sending in his complaint."
If ever there was a case where an Applicant could have started proceedings in time, this is one. The appeal is quite hopeless. Because the Applicant was unable to attend an earlier hearing (under the PHS system) of his appeal on 11 November 1998, the appeal was adjourned by a different Employment Appeal Tribunal panel and it comes before us today. We have all carefully read the documents sent to the Tribunal by Mr Joseph. Because we are satisfied that the decision below was right and the appeal has no chance of success, we dismiss it at this stage.