Edomi v London Borough Of Hackney

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 23 March 1998 Before

MR JUSTICE MORISON (PRESIDENT) : The purpose of this hearing is to determine whether there is an arguable point or points of law raised by the Notice of Appeal in this case. It is an appeal against a decision of an Industrial Tribunal held on Stratford on 30th April 1997 presided by Mr Geoffrey Heggs. By that decision the Industrial Tribunal concluded that the applicant's application for unfair dismissal and discrimination on the grounds of race should be dismissed as the tribunal had no jurisdiction.

In relation to his complaint of unfair dismissal, the Industrial Tribunal concluded that Mr Edomi did not have the requisite two year period of continuous service. He had as at the date of his dismissal more than one year's continuous service, and therefore, it seems to us that the Seymour-Smith question is raised. On that ground alone we would allow the matter to proceed before us.

The decision of the Industrial Tribunal in relation to the discrimination complaint rested on the fact that the complaint had not been presented to the tribunal within time, and the Industrial Tribunal indicated that they were not prepared to extend time.

We give him leave to argue that issue as well. It will be appreciated that in giving leave in this way, we are not indicating one way or the other as to what the outcome of the appeal will be. We cannot do that until we have heard what both parties have had to say on these issue.