Ahmed v London Borough Of Hackney & Anor

On an application to adjourn a permission-to-appeal hearing, the court balances the need to avoid unnecessary delay against the applicant’s practical ability to present an arguable point of law. A short adjournment may be appropriate where the applicant is unrepresented, has real difficulty presenting the case, and an organisation with genuine involvement is actively considering representation. The period granted should be limited to what is reasonably justified. Six weeks was granted instead of the two months sought.

The applicant had brought employment claims alleging race discrimination, victimisation and unfair dismissal. Following an approximately 11-day Employment Tribunal hearing, she succeeded on unfair dismissal but failed on race discrimination and victimisation. The Employment Appeal Tribunal dismissed her appeal against the race discrimination decision at a preliminary hearing on the basis that there was no arguable point of law. She then applied for permission to appeal to the Court of Appeal.

The Commission for Racial Equality was assisting but not representing her. It sought an adjournment to obtain counsel’s opinion and decide whether representation should be provided. The central issue was whether the permission application should be adjourned, and for how long.

Adjournment

1. The application was adjourned for six weeks, with directions that it return to the Court of Appeal as soon as possible after that period. The two-month adjournment sought was not justified.
2. The court recognised that the proceedings had already been lengthy and that further unnecessary delay was undesirable. The applicant had had considerable time to arrange representation, and the Commission for Racial Equality’s letter gave no clear timetable for obtaining counsel’s opinion or deciding whether to represent her.
3. Nevertheless, the papers showed that the applicant would face real difficulty presenting the proposed appeal in person. The Commission had genuine involvement in the case and had previously assisted her at the remedy hearing. Representation would be beneficial to the applicant and helpful to the court in assessing whether the proposed appeal had a real prospect of success on a point of law.
4. Those circumstances made this a special case warranting a limited adjournment. The court did not determine the merits of the proposed appeal or grant permission to appeal. It also recorded that an appeal from the Employment Appeal Tribunal is restricted to points of law.

Order: Application adjourned.

1. Court of Appeal (Civil Division): On the application for permission to appeal, adjourned the matter for six weeks so that representation could be considered, directing that it return as soon as possible thereafter.
2. Employment Appeal Tribunal: At a preliminary hearing on 20 October 1999, dismissed the appeal against the Employment Tribunal’s rejection of the race discrimination claim because there was no arguable point of law.
3. Employment Tribunal: After an approximately 11-day hearing in autumn 1998, found for the applicant on unfair dismissal but dismissed the claims for racial discrimination and victimisation.