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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Khan v. Trident Safeguards Ltd & Ors [2002] UKEAT 1413_01_2406 (24 June 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/1413_01_2406.html Cite as: [2002] UKEAT 1413_1_2406, [2002] UKEAT 1413_01_2406

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APPEARANCES

 

For the Appellant	MR GREEN (of Counsel) Appearing under the Employment Law Appeal Advice Scheme


 


MRS RECORDER COX QC

1. This is an appeal by Mr Arfan Khan, the Appellant, from a decision of the London South Employment Tribunal, promulgated on 1 October 2001, dismissing the Appellant's complaints of direct race discrimination and victimisation. The matter comes before us today by way of Preliminary Hearing. Our role is therefore to determine at this stage whether there is any reasonably arguable error of law in the Employment Tribunal's decision.
2. Mr Khan, who submitted a total of six Originating Applications between 1 February and 10 August 2000 has represented himself throughout these proceedings. Only one of these Originating Applications, namely 2301012 dated 24 February 2000, is before us in our documents, although clearly all six applications were the subject of determination by the Employment Tribunal at the hearing. It appears, in addition, that some Interlocutory Orders were made by a different Chairman on 1 June 2000 and then later on 15 November 2000 where the issues were defined. It seems to us that those orders are also relevant to the matters which are raised in this appeal but are currently not before us.
3. Mr Khan's Notice of Appeal, which runs to some thirty eight pages, raises a variety of matters. The first twenty pages raise various complaints amounting to errors of law and perversity in relation to the decision reached by the Tribunal on all six complaints. Some of the matters complained of overlap with the contentions which follow on pages twenty one to thirty eight of our bundle where the Appellant raises wide ranging criticisms of the Tribunal under the general heading of:

"Bias/Misconduct of the Chairman. Procedural unfairness/Procedural mishap."

Mr Khan has filed a twenty seven page affidavit in support of these allegations. At present we have some comments from both the Chairman of the Tribunal and the two Lay Members, responding to the allegations, in the course of which the Chairman makes reference to her notes on a number of occasions.

4. Mr Khan has appeared before us today with the assistance of Mr Green via the ELAAS Scheme. He has informed us that there are a considerable number of documents which he would wish the Employment Appeal Tribunal determining this matter to have regard to at this preliminary stage. Having heard from Mr Green, and having considered the matter ourselves, we take the view that this is a case in which the Appeal Tribunal would be greatly assisted by sight of the Chairman's notes in enabling the Tribunal to decide whether the criticisms being made by this Appellant merit the attention of the Employment Appeal Tribunal at a Full Hearing.
5. We are therefore going to adjourn this Preliminary Hearing and make the following Orders. Firstly, that there be production by the Chairman of her notes of the hearing. Secondly, that all the Originating Applications and Notices of Appearance and any further particulars served in respect of those applications should be part of the bundle for the resumed Preliminary Hearing, together with any relevant and admissible documents which the Appellant himself wishes to ask the Employment Appeal Tribunal to consider. Thirdly, that the Employment Tribunal Interlocutory Orders of 1 June and 15 November 2000 and any reasoned decisions accompanying those Orders should also be part of the Tribunal s' bundle.
6. At the resumed Preliminary Hearing this Tribunal will then give consideration to whether and to what extent any reasonably arguable errors of law have been identified such as to permit the case to proceed to Full Hearing. That is the Order we make.

Mrs Recorder Cox QC

Mr Green, no doubt you have taken the opportunity, and perhaps will still take the opportunity, to tell Mr Khan that undoubtedly he would be greatly benefited were he to have some legal representation and advice available to him at that resumed hearing.

Mr Green

I have made that point.