Appeal No.	 EAT/335/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 23 June 1999

Before
HIS HONOUR JUDGE JOHN ALTMAN
MISS A MACKIE OBE
MR R SANDERSON OBE

MR F OSHINUSI	APPELLANT

MOVING VENUE CATERERS LTD & OTHERS	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	NO APPEARANCE OR
REPRESENTATION 
BY OR ON BEHALF OF
THE APPELLANT	

	JUDGE JOHN ALTMAN:	This matter is listed today for preliminary hearing.  The Appellant who is now acting in person telephoned the office of this Tribunal this morning to say that he was not feeling well and did not feel able to come.  He was asked if he wished to come on another day and for the matter to be adjourned and he said that he would quite like the appeal to be adjourned to that purpose.  He was at one time represented but it appears that he is not now represented and has not been for some time and also, that no skeleton argument has in fact been furnished.  

1	We are left in some doubt as to whether or not the Appellant wishes to proceed with his appeal but on the other hand if he does wish to proceed and there is a genuine certifiable illness which keeps him away, it seems to us that we would be doing two things if we proceeded to hear the case.  First of all we would be risking causing an injustice by not giving a party an opportunity to be heard in their own cause.  Secondly, we might simply set in motion a complex series of procedures in which the Appellant seeks to have some form of hearing before this or another Tribunal.  

2	In those circumstances we have decided to make the following order.  The case will be adjourned upon these directions.  It will not be relisted unless within 28 days of the sending out of this judgment, the Appellant writes to the Employment Appeal Tribunal to state that he wishes to proceed with his appeal and to say why, in some detail, he was unable to be here today.  If that detail includes his being ill, he should accompany his letter with a medical certificate.  If no such application for relisting is received within 28 days, this appeal will then be regarded as having been withdrawn.