Patka v. British Broadcasting Corporation & Anor (PRACTICE AND PROCEDURE - Amendment) [2018] UKEAT 0190_17_1204 (12 April 2018)

Patka v. British Broadcasting Corporation & Anor (PRACTICE AND PROCEDURE - Amendment) [2018] UKEAT 0190_17_1204 (12 April 2018)

The Employment Tribunal was entitled to refuse the amendments as they introduced substantively new causes of action and legal arguments at a late stage, causing prejudice to the Respondent. The Tribunal properly exercised its case management discretion, and there was no error of law or misapplication of legal principles justifying appellate interference.

Citation
[2018] UKEAT 0190_17_1204
Parties
Appellant/claimant: Saleem Patka; Respondent/employer: BBC (British Broadcasting Corporation)
Jurisdiction
United Kingdom
Judgment Date
12 April 2018
Procedural Posture
Employment Appeal / Appeal Against Refusal to Amend Claim by Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Race Discrimination, Equal Pay, Direct Discrimination, Indirect Discrimination, Case Management Discretion
Employment Law Discrimination Law Amendment of Pleadings Race Discrimination Equal Pay Direct Discrimination Indirect Discrimination Case Management Discretion

Case Brief

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Parties

Saleem Patka

Appellant/claimant

BBC (British Broadcasting Corporation)

Respondent/employer

Procedural Posture

Employment Appeal / Appeal Against Refusal to Amend Claim by Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to permit amendments to add claims of direct and/or indirect race discrimination
  2. 2 Whether the proposed amendments were merely a re-labelling or substantively new causes of action
  3. 3 Whether the balance of prejudice and case management discretion was properly exercised

Ratio Decidendi

The Employment Tribunal was entitled to refuse the amendments as they introduced substantively new causes of action and legal arguments at a late stage, causing prejudice to the Respondent. The Tribunal properly exercised its case management discretion, and there was no error of law or misapplication of legal principles justifying appellate interference.

Court Disposition

Appeal dismissed

Orders

  • No amendments to add indirect discrimination or new direct discrimination arguments allowed
  • Amendment to add background information regarding internal grievance permitted