EAT PRACTICE AND PROCEDURE
Postponement or stay
Appellate jurisdiction/reasons/Burns-Barke
Where an application is made to an Employment Tribunal for a postponement in writing and at the relevant hearing, the Employment Judge should make and record his decision in refusing the application and give reasons. Time for appealing did not begin to run until that happened. The appeal against the substantive Judgment at that hearing was in time and so was the appeal against the implicit refusal of the application.
It is reasonably arguable at a full hearing that when the Claimants were banned from building sites and refused entry on several further occasions, there was a continuing state of affairs and time for presenting a claim form under the Race Relations Act 1976 did not begin to run from the latest actual application of the ban.
An appeal against uncapped wasted costs orders exceeding andpound;40,000 might better be heard after the above point is decided.
[2010] UKEAT 0318 – 10 – 0612
Bailii
Race Relations Act 1976
England and Wales
Citing:
Cited – G v G (Minors: Custody appeal) CA 1985
A court should take great care before setting aside a decision of a judge which had involved the exercise of a judicial discretion. The court considered the duty of an appellate court in a children case: ‘What this court should seek to do is to . .
Cited – Muschett v London Borough of Hounslow EAT 6-Aug-2007
EAT Practice and procedure
Time for appealing
On hearing live evidence on appeals from decisions of the Registrar refusing extensions of time to lodge Notices of Appeal, three were dismissed and one was . .
Cited – Canadian Imperial Bank of Commerce v Beck CA 26-Jun-2009
. .
Cited by:
See Also – Okoro and Another v Taylor Woodrow Construction Ltd and Others EAT 26-May-2011
EAT Jurisdictional Points : Claim In Time and Effective Date of Termination
Contract workers banned – they claimed for discriminatory reasons – from working again for the principal. Claim brought some 6 . .
At EAT (1) – Okoro and Another v Taylor Woodrow Construction Ltd and Others CA 4-Dec-2012
Appeals against orders whereby racial discrimination claims by the appellants were held to be out of time and that it was not just and equitable to extend time. . .
Lists of cited by and citing cases may be incomplete.
Employment, Costs
Updated: 09 November 2021; Ref: scu.427756
