Appeal No.	EAT/1117/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 10 November 1999

Before
HIS HONOUR JUDGE D PUGSLEY
MR A C BLYGHTON
MR J C SHRIGLEY

BIRMINGHAM INTERNATONAL AIRPORT	APPELLANTS

MR A HAYLES	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING – EX PARTE

Revised

	APPEARANCES

For the Appellants	MS I OMAMBALA
(of Counsel)
Instructed by:
Ms S Bunker
Messrs Eversheds
Solicitors
115 Colmore Row
Birmingham
B3 3AL	

	JUDGE PUGSLEY:		 This is an appeal on behalf of Birmingham International Airport Limited, against the decision of the Employment Tribunal sitting at Birmingham on 16th August 1999, promulgated with extended reasons and sent to the parties on 31st August 1999.

1.	The decision of the tribunal was:

“The unanimous decision of the tribunal is that the applicant is given leave to present out of time a second application alleging race discrimination by the respondent in the exercise of the tribunal’s discretion under section 68(6), Race Relations Act 1976.”

2.	We will adjourn our judgment in this case so that the appellants can be at liberty to make an application to the Employment Tribunal, out of time, for a review. 

3.	We are firmly of the view that cases where they are founded on this sort of situation are far more appropriate, in the first instance, be dealt with by way of review. We consider it comes within the ambit of review, but it is up to the Chairman of the Employment Tribunal.