Haralambous v Ancaster Toys Limited

Permission to appeal from the Employment Appeal Tribunal requires identification of a point of law arising from the Employment Tribunal’s decision. The applicant must show an arguable error capable of being characterised as an error of law, giving the proposed appeal a real prospect of success, or another compelling reason for it to be heard. General complaints about an employer, matters outside the tribunal’s determinations, and disagreement with factual conclusions do not satisfy that requirement. Where no arguable legal error is shown, the application should be dismissed.

The applicant complained to an Employment Tribunal about unpaid wages and alleged direct racial discrimination. The Tribunal awarded £66.46 for unlawful deduction of wages but dismissed the discrimination claim. The Employment Appeal Tribunal dismissed his appeal at a preliminary hearing, finding no point of law. He then applied in person to the Court of Appeal for permission to appeal. The central issue was whether his grounds disclosed an arguable error of law in the Tribunal’s decision.

1. Application dismissed. The Court of Appeal dismissed the application for permission to appeal.
2. The jurisdiction of both the Employment Appeal Tribunal and the Court of Appeal in this context is confined to points of law. An applicant must identify a legal issue arising from the Employment Tribunal’s decision. It is insufficient to raise further complaints about the employer or matters which the Tribunal did not decide.
3. The applicant had to show that the Tribunal had arguably made an error capable of being categorised as an error of law. The Court had only the documents before it and no notes of evidence. Those materials disclosed no such arguable error.
4. In the absence of an arguable point of law, the proposed appeal could have no real prospect of success. Nor was there any other compelling reason for the Court to hear it. The applicant’s evident distress did not establish a valid ground for permission.

The order was accordingly: application dismissed.

• Court of Appeal (Civil Division) — On 18 October 2002, the application for permission to appeal was dismissed: [2002] EWCA Civ 1648.
• Employment Appeal Tribunal — At a preliminary hearing on 1 July 2002, the applicant’s appeal was dismissed because no point of law was identified.
• Employment Tribunal, Nottingham — The decision sent to the parties on 21 November 2001 awarded £66.46 for unlawful deduction of wages and dismissed the race discrimination claim.