Appeal No.	 PA/1020/96

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 11 February 1997

Before
THE HONOURABLE MR JUSTICE MORISON (P)
(IN CHAMBERS)

MR D BUCKINGER T/A ON YER BIKE	APPELLANT

MR I A SCOTT	RESPONDENT

Transcript of Proceedings

JUDGMENT

Revised

	APPEARANCES

For the Appellant	

NO APPEARANCE BY OR
REPRESENTATION ON
BEHALF OF THE APPELLANT/RESPONDENT	
For the Respondent		

	MR JUSTICE MORISON (PRESIDENT):   The appeal has been withdrawn at the last minute and there has been an application for costs.  The complainant in this case was adjudged to have been unfairly dismissed and awarded a substantial sum by way of compensation.

	The appeal was lodged out of time and this was to be an appeal against the refusal of the Registrar to extend time.

	The employee’s Solicitors have made a submission that they should be paid about £500 by way of costs for their own time which they say has been wasted in connection with this appeal.

	The question I have to ask myself is whether the Appellant’s conduct in bringing the appeal proceedings has been frivolous, vexatious or otherwise unreasonable.  Having reviewed the papers with care, I have come to the conclusion that their conduct cannot be categorised as frivolous, vexatious or as unreasonable, although in relation to the reasonableness of their conduct I was very nearly persuaded that they had crossed the line, but I have not been quite persuaded.

	Accordingly, the appeal will be formally dismissed on being withdrawn.  There will be no order for costs.