Rajput Takeaway v Akbari
| Jurisdiction | England & Wales |
| Judge | Lord Justice Maurice Kay |
| Judgment Date | 19 July 2012 |
| Neutral Citation | [2012] EWCA Civ 1196 |
| Court | Court of Appeal (Civil Division) |
| Date | 19 July 2012 |
| Docket Number | Case No: A2/2011/3347 |
[2012] EWCA Civ 1196
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
Royal Courts of Justice
Strand, London, WC2A 2LL
Lord Justice Maurice Kay
Case No: A2/2011/3347
The Appellant appeared in person.
The Respondent did not appear and was not represented.
This is a renewed application for permission to appeal, permission having been refused on the papers by Mummery LJ.
There is a complicated background to this case, the details of which are not my immediate concern. Mr Akbari, the respondent, worked for Rajput Takeaway Limited; that is what Mr Khan tells me. That business came to an unfortunate end. Mr Akbari took proceedings in the employment tribunal. It appears that he took them not against Rajput Takeaway Limited but against Rajput Restaurant Limited, which Mr Khan tells me is an unconnected business some three miles away. All that I know about the early stages of those proceedings is that on 3 February 2010 the employment tribunal entered a default judgment against Rajput Restaurant Limited upholding complaints of unlawful deduction from wages, breach of contract, failure to pay accrued holiday pay, unfair dismissal, failure to make a redundancy payment and unfair dismissal for claiming minimum wage provisions. The judgment did not make a compensatory award. It adjourned to a remedies hearing.
Mr Khan tells me that from the moment he first became aware of these proceedings he took steps to inform the employment tribunal that Rajput Restaurants Limited was not the appropriate respondent, that he had nothing to do with that business. He further tells me that having advised the employment tribunal that the business that he had been running was Rajput Takeaway Limited he eventually received a notice of hearing for the remedy hearing that was to take place on 4 February 2011. He did not attend that hearing. The outcome was that the employment tribunal awarded various sums of money to Mr Akbari. They total something over £9,000 in respect of five heads of claim.
The judgment refers to the parties as Mr Akbari and Mr Khan, not either Rajput Restaurant Limited or Rajput Takeaway Limited, and it is that judgment against him personally that Mr Khan sought to appeal to the Employment Appeal Tribunal. The time for appealing to the Employment Appeal Tribunal is 42 days. The notice of appeal was lodged at the EAT by Mr Khan 62 days out of time; in other words, 106 days after the decision in the employment tribunal. Accordingly if his appeal was to proceed he needed an extension of time. The...
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