Okugade v. Shaw Trust [2005] UKEAT 0172_05_1108 (11 August 2005)
The Employment Tribunal erred by adopting a narrow, dogmatic approach and failing to consider whether it was just and equitable to allow amendment under statutory formula; the application to amend and time limits should be considered on their merits.
- Citation
- [2005] UKEAT 0172_05_1108
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 11 August 2005
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal Decision
- Outcome
- case remitted to same Tribunal for reconsideration
- Legal Topics
- Amendment of Pleadings, Post Employment Victimisation, Jurisdiction, Time Limits
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Legal Issues
- 1 Is it fatal to an application to amend an originating application to include allegations of post-employment victimisation if the instances or knowledge post-date the receipt of the originating application?
- 2 Did the Employment Tribunal err in law by refusing jurisdiction over post-employment victimisation claims arising after the originating application?
Ratio Decidendi
The Employment Tribunal erred by adopting a narrow, dogmatic approach and failing to consider whether it was just and equitable to allow amendment under statutory formula; the application to amend and time limits should be considered on their merits.
Court Disposition
case remitted to same Tribunal for reconsideration
Orders
- refusal of appellant's claim for costs
- leave to appeal granted to respondents
Full Case Text
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