Appeal No.	 EAT/235/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 13 November 1998

Before
THE HONOURABLE MR JUSTICE MORISON (PRESIDENT)
IN CHAMBERS

MR S HODDY	APPELLANT

MR C PICKWORTH & OTHERS	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MS GREWAL
(of Counsel)
Principal Litigation Officer
Commission For Racial Equality
Elliot House
10/12 Allington Street
London SW1E 5EH	
For the Respondent	MR P SCHOFIELD
(Representative)	

	MR JUSTICE MORISON (PRESIDENT):	In this case there is an application for costs by the Company against the former employees.  That application is made in connection with a cross-appeal which they would wish to advance in response to the employers appeal, part of which has been allowed to go through to a full hearing.

	The cross-appeal relates to the deduction which was made from the full award which they otherwise would have received.  There was an issue as to whether the cross-appellants would be entitled to adduce any evidence.  I have indicated that no such evidence will be received by the Employment Appeal Tribunal on their cross-appeal and have given directions.  

	I have power to order costs if I am satisfied that there has been unreasonable conduct in the pursuit of an appeal or cross-appeal.  I am not satisfied that there has been unreasonable conduct by the cross-appellants in this case, therefore I do not have power to make an Order, and in the exercise of my discretion in any event, I would not have made an Order.  This case is somewhat messy and I have directed that it comes on as soon as possible so that justice can properly be done between the parties.