Emezie v British Telecommunications Plc
The application was refused because, even if the applicant's procedural points were accepted, there was no real prospect of success on appeal. The Employment Judge's case management decision to limit the claim to post-2008 events was justified, and the alleged concession by the applicant's former solicitor was supported by the attendance note. The interests of justice did not require reopening the earlier claims.
- Parties
- Applicant: Emezie; Respondent: BT (British Telecommunications Plc)
- Jurisdiction
- England and Wales
- Judgment Date
- 11 July 2012
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal Decision
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Case Management, Extension of Time, Discrimination, Victimisation, Amendment of Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
Emezie
Applicant
BT (British Telecommunications Plc)
Respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal Decision
Legal Issues
- 1 Whether a concession was made by the applicant's former solicitor to abandon claims for the period 2000-2008
- 2 Whether the Employment Judge and Registrar applied the correct test in refusing to allow amendment and review
- 3 Whether the attendance note was requested and its relevance
Ratio Decidendi
The application was refused because, even if the applicant's procedural points were accepted, there was no real prospect of success on appeal. The Employment Judge's case management decision to limit the claim to post-2008 events was justified, and the alleged concession by the applicant's former solicitor was supported by the attendance note. The interests of justice did not require reopening the earlier claims.
Court Disposition
Application for permission to appeal refused
Full Case Text
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