Ladbrokes Racing Ltd v. Traynor [2007] UKEAT 0067_06_0310 (3 October 2007)

Ladbrokes Racing Ltd v. Traynor [2007] UKEAT 0067_06_0310 (3 October 2007)

Tribunal's decision to allow amendment was fatally flawed due to lack of articulation of amendment details, failure to follow proper procedure, and absence of reasons; Respondents were entitled to know the case they had to meet before amendment was allowed.

Citation
[2007] UKEAT 0067_06_0310
Parties
Advocate for Appellants: Mr Ian Kennedy; Representative for Respondent: Mrs Traynor
Jurisdiction
United Kingdom
Judgment Date
03 October 2007
Procedural Posture
Employment Appeal / Appeal From Tribunal Order Granting Leave to Amend
Outcome
Appeal upheld; Tribunal's order set aside; case remitted to same Tribunal.
Legal Topics
Amendment of Claim, Procedural Fairness, Unfair Dismissal
Employment Law Practice and Procedure Amendment of Claim Procedural Fairness Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Mr Ian Kennedy

Advocate for Appellants

Mrs Traynor

Representative for Respondent

Procedural Posture

Employment Appeal / Appeal From Tribunal Order Granting Leave to Amend

Legal Issues

  1. 1 Whether Tribunal erred in granting leave to amend claim without proper procedure
  2. 2 Whether Respondents had fair notice of procedural unfairness allegation
  3. 3 Whether Tribunal failed to give reasons and consider relevant factors

Ratio Decidendi

Tribunal's decision to allow amendment was fatally flawed due to lack of articulation of amendment details, failure to follow proper procedure, and absence of reasons; Respondents were entitled to know the case they had to meet before amendment was allowed.

Court Disposition

Appeal upheld; Tribunal's order set aside; case remitted to same Tribunal.

Orders

  • Set aside Tribunal's 'Order' of 31 August 2006
  • Remit case to same Tribunal to proceed as accords