Emezie v British Telecommunications Plc

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

  1. 1 Whether a concession was made by the applicant's former solicitor to abandon claims for the period 2000-2008
  2. 2 Whether the Employment Judge and Registrar applied the correct test in refusing to allow amendment and review
  3. 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