Seabridge & Anor v Construction Projects Training Ltd & Anor [2001] EWCA Civ 1492 (3 October 2001)

Seabridge & Anor v Construction Projects Training Ltd & Anor [2001] EWCA Civ 1492 (3 October 2001)

There was no material before the Tribunal to conclude that South Birmingham College was the true employer of the applicants; the Tribunal was entitled to refuse the joinder due to delay and absence of evidence of employment relationship, and the application to add the college was opportunistic and unsupported by facts.

Citation
[2001] EWCA Civ 1492
Parties
Applicant: Mr Wayne Seabridge; Applicant: Mr Paul Gater; Respondent: Construction Projects Training Ltd; Respondent: A R Trowers
Jurisdiction
England and Wales
Judgment Date
03 October 2001
Procedural Posture
Appeal From Employment Appeal Tribunal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Joinder of Parties, Employer Status, Disability Discrimination Act 1995, Unfair Dismissal, Tribunal Procedure
Employment Law Disability Discrimination Joinder of Parties Employer Status Disability Discrimination Act 1995 Unfair Dismissal Tribunal Procedure

Case Brief

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Parties

Mr Wayne Seabridge

Applicant

Mr Paul Gater

Applicant

Construction Projects Training Ltd

Respondent

A R Trowers

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to join South Birmingham College as a respondent
  2. 2 Whether the correct legal test was applied for joinder/substitution of a respondent
  3. 3 Whether there was evidence that the college was the applicants' employer

Ratio Decidendi

There was no material before the Tribunal to conclude that South Birmingham College was the true employer of the applicants; the Tribunal was entitled to refuse the joinder due to delay and absence of evidence of employment relationship, and the application to add the college was opportunistic and unsupported by facts.

Court Disposition

Application refused

Orders

  • Permission to appeal refused