Pilley & Ors v. British Steel Engineering (UK) Ltd [2000] EAT 182_99_0803 (8 March 2000)

Pilley & Ors v. British Steel Engineering (UK) Ltd [2000] EAT 182_99_0803 (8 March 2000)

The Employment Tribunal has jurisdiction to hear the claim based on collateral contract, as newly pleaded, because it is a contract connected with employment. The previous claims based on misrepresentation or incorporation as a term are outside jurisdiction. Leave is granted to amend the pleadings to pursue the collateral contract claim, subject to a costs order for unnecessary proceedings.

Citation
[2000] EAT 182_99_0803
Parties
Appellants: Mr Pilley and 35 others; Respondents: British Steel Engineering (UK) Ltd
Jurisdiction
United Kingdom
Judgment Date
08 March 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Jurisdiction Decision
Outcome
Appeal allowed in part; leave granted to amend pleadings to pursue collateral contract claim; costs order imposed.
Legal Topics
Jurisdiction of Employment Tribunal, Collateral Contract, Misrepresentation, Redundancy Agreements
Employment Law Contract Law Jurisdiction of Employment Tribunal Collateral Contract Misrepresentation Redundancy Agreements

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Parties

Mr Pilley and 35 others

Appellants

British Steel Engineering (UK) Ltd

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Jurisdiction Decision

Legal Issues

  1. 1 Whether the Employment Tribunal has jurisdiction over claims based on misrepresentation or collateral contract related to redundancy agreements
  2. 2 Whether a representation made during negotiations can be incorporated as a term or collateral contract

Ratio Decidendi

The Employment Tribunal has jurisdiction to hear the claim based on collateral contract, as newly pleaded, because it is a contract connected with employment. The previous claims based on misrepresentation or incorporation as a term are outside jurisdiction. Leave is granted to amend the pleadings to pursue the collateral contract claim, subject to a costs order for unnecessary proceedings.

Court Disposition

Appeal allowed in part; leave granted to amend pleadings to pursue collateral contract claim; costs order imposed.

Orders

  • Applicants to pay £4,000 in costs to Respondents within 14 days for costs thrown away.
  • Proceedings stayed pending payment of costs.