Greenwood v Cornwall Council & Anor (Practice and Procedure : Parties) [2014] UKEAT 0530_13_0606 (06 June 2014)

Greenwood v Cornwall Council & Anor (Practice and Procedure : Parties) [2014] UKEAT 0530_13_0606 (06 June 2014)

The Employment Judge erred in treating limitation as determinative for joinder and in dismissing Cornwall Council as a party without establishing facts; both Respondents must remain parties pending a full hearing to determine liability.

Citation
[2014] UKEAT 0530_13_0606
Parties
Appellant/claimant: Mrs Greenwood; Respondent One: Cornwall Council; Respondent Two: Interim Executive Board of St Newlyn East Primary School
Jurisdiction
United Kingdom
Judgment Date
06 June 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal allowed; both Respondents to remain parties.
Legal Topics
Constructive Dismissal, Sex Discrimination, Jurisdiction, Joinder of Parties, Limitation Periods
Employment Law Education Law Equality Law Constructive Dismissal Sex Discrimination Jurisdiction Joinder of Parties Limitation Periods

Case Brief

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Parties

Mrs Greenwood

Appellant/claimant

Cornwall Council

Respondent One

Interim Executive Board of St Newlyn East Primary School

Respondent Two

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether the interim executive board was properly joined as a respondent after expiry of limitation period
  2. 2 Whether Cornwall Council should remain a party given the Education (Modification of Enactments Relating to Employment) (England) Order 2003
  3. 3 Whether claims against Respondent Two were out of time

Ratio Decidendi

The Employment Judge erred in treating limitation as determinative for joinder and in dismissing Cornwall Council as a party without establishing facts; both Respondents must remain parties pending a full hearing to determine liability.

Court Disposition

Appeal allowed; both Respondents to remain parties.

Orders

  • Matter remitted to Employment Tribunal for full hearing to establish facts and determine liability.
  • Interim executive board joinder to be reconsidered as a matter of discretion.