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England and Wales decisions
Decisions matching the current search
The EAT held that the tribunal misapplied the just and equitable time-extension test in a race discrimination claim and remitted the case to the original tribunal.
Reynolds v Abel Estate Agent Ltd & Ors [2025] EWCA Civ 1357 (27 October 2025)
The Court of Appeal held that failure to comply with early conciliation before bringing a detriment claim deprived the Employment Tribunal of jurisdiction.
Timokhina v Timokhin [2025] EWHC 1453 (KB) (13 June 2025)
High Court appeal about a costs order on amendment of a claim. The court partly allowed the appeal, clarifying that the order should cover relevant work thrown away.
Employment Appeal Tribunal decision on PHI wages, amendment, and strike out. Cross-appeal failed; wage appeal partly succeeded; discrimination strike out was quashed.
The EAT held that failure to complete early conciliation did not remove jurisdiction over a section 48 ERA claim, and remitted the claims on their merits.
Section 47B(2) of the Employment Rights Act 1996 applies to bar a claim against an employer for vicarious liability for a co-worker's act amounting to dismissal where the alleged detriment is dismissal and the claim could be brought under section 103A. The permission to amend the claim to add such a detriment claim was therefore wrongly granted.
Source excerpt
The Employment Tribunal erred in law by failing to consider whether the proposed amendments were in fact new claims or already pleaded, by not balancing the prejudice between the parties, and by failing to consider relevant medical evidence affecting the claimant's ability to present her claim. These failures amounted to errors in the exercise of discretion and the interests of justice required reconsideration.
Source excerpt
Fleming v Zurich Insurance Plc [2023] EWCA Civ 1417 (28 November 2023)
The Court of Appeal allowed a second appeal against refusal to increase a personal injury claim value, holding the judge had not properly weighed new expert evidence and related prejudice.
The Commercial Court refused to reopen its judgment, rejected the claimants’ appeal request, and ordered costs on a standard-and-indemnity basis with interim payments.
The EAT allowed an appeal where an employer-status amendment was made without proper notice or particulars, and the evidence did not justify findings against Ms Brooks.
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