BMC Software Ltd v Shaikh (Practice and Procedure: Amendment) [2017] UKEAT 0092_16_0411 (5 January 2017)

BMC Software Ltd v Shaikh (Practice and Procedure: Amendment) [2017] UKEAT 0092_16_0411 (5 January 2017)

The amendment to the grounds of appeal is allowed because the issue raised is of fundamental legal importance, goes to the jurisdiction of the Employment Tribunal, and the prejudice to the appellant and the administration of justice in not allowing the amendment outweighs the prejudice to the respondent from further delay.

Citation
[2017] UKEAT 0092_16_0411
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
05 January 2017
Procedural Posture
Employment Appeal / Application to Re Amend Grounds of Appeal
Outcome
Amendment to grounds of appeal allowed
Legal Topics
Amendment of Grounds of Appeal, Jurisdiction of Employment Tribunal, Sex Discrimination, Equal Pay, Constructive Dismissal
Employment Law Amendment of Grounds of Appeal Jurisdiction of Employment Tribunal Sex Discrimination Equal Pay Constructive Dismissal

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Application to Re Amend Grounds of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to make a finding of sex discrimination by way of constructive dismissal under section 39(2) of the Equality Act 2010 where based solely on breach of the equal pay provisions
  2. 2 Whether the grounds of appeal should be re-amended to include this jurisdictional point

Ratio Decidendi

The amendment to the grounds of appeal is allowed because the issue raised is of fundamental legal importance, goes to the jurisdiction of the Employment Tribunal, and the prejudice to the appellant and the administration of justice in not allowing the amendment outweighs the prejudice to the respondent from further delay.

Court Disposition

Amendment to grounds of appeal allowed

Orders

  • Appellant permitted to re-amend the grounds of appeal to include the jurisdictional point under section 70 of the Equality Act 2010
  • Further submissions to be made, potentially in writing, on the new ground