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United Kingdom Employment Appeal Tribunal


You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Harakis v Department Of Health [1999] UKEAT 803_98_0104 (1 April 1999)
URL: http://www.bailii.org/uk/cases/UKEAT/1999/803_98_0104.html
Cite as: [1999] UKEAT 803_98_0104, [1999] UKEAT 803_98_104

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BAILII case number: [1999] UKEAT 803_98_0104
Appeal No. EAT/803/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
             At the Tribunal
             On 1 April 1999

Before

HIS HONOUR JUDGE PETER CLARK

MISS C HOLROYD

MRS T A MARSLAND



MR F A HARAKIS APPELLANT

THE DEPARTMENT OF HEALTH RESPONDENT


Transcript of Proceedings

JUDGMENT

Revised

© Copyright 1999


    APPEARANCES

     

    For the Appellant THE APPELLANT IN PERSON
    For the Respondents JANE MULCAHY
    (of Counsel)
    Instructed by:
    The Office of the Solicitor
    Department of Health
    New Court
    48 Carey Street
    London
    WC2A 2LS


     

    JUDGE PETER CLARK: This is an appeal by Mr Harakis against a decision of a Chairman, Mr G W Davis, sitting alone at the London (South) Employment Tribunal on 14th April 1998, striking out his complaint of racial discrimination under Rule 13(2)(d) of the Employment Tribunal Rules of Procedure. That decision with written reasons was promulgated on 1st May 1998.

    The appeal came on for a preliminary hearing before a division of this tribunal, presided over by Judge Byrt QC, on 28th October 1998. On that occasion, the appellant was represented by Ms Monaghan of Counsel under the Employment Law Advice Appeal Scheme. The appeal was allowed to proceed to a full appeal hearing on the basis of an amended Notice of Appeal drafted by Ms Monaghan. Following that hearing the appellant instructed solicitors, Messrs Edwin Coe who applied on his behalf for Legal Aid on 28th November 1998. That application, we are told, was refused on a date sometime in the third week in March 1999. Against that refusal the appellant has appealed. However, no decision on his appeal has yet been made. On 15th April 1999 those solicitors apprised this tribunal of the Legal Aid position and applied for an adjournment of today's full appeal hearing. That application was refused by the Registrar by letter of 19th April 1999.

    Today Mr Harakis renews his application for an adjournment. He submits that as a layman he is not equipped to deal with the procedural points which arise in this appeal.

    Ms Mulcahy, on behalf of the respondent, adopts a neutral stance, she does not actively resist the application.

    We consider that this appeal raises important points of law and if the appellant is to succeed in his appeal and receive Legal Aid, then it will be of benefit for him to be represented at the full hearing of this appeal. We are conscious of the expense and inconvenience that an adjournment will cause, but we have to weight that against the interests of justice and in our judgment those interests require that the application is granted.

    We shall therefore adjourn this appeal, in the first instance for 28 days from today. If the Legal Aid application is resolved within that time, then the matter can be promptly restored to the list. If no decision is received within the 28 days period, then it is open to the appellant's solicitors to apply for a further postponement of the hearing. That application should be put before me.

    On this basis, we adjourn the appeal.


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URL: http://www.bailii.org/uk/cases/UKEAT/1999/803_98_0104.html