Cook v.Clarke [2003] UKEAT 0070_03_0205 (2 May 2003)

Cook v.Clarke [2003] UKEAT 0070_03_0205 (2 May 2003)

The Employment Tribunal Chairman erred in law by failing to apply the Selkent principles, specifically by not considering whether the new claims were out of time and whether it was reasonably practicable for the applicant to have presented them within the primary limitation period. The decision to allow the amendment was therefore set aside and the matter remitted for reconsideration applying the correct legal principles.

Citation
[2003] UKEAT 0070_03_0205
Parties
Applicant: Applicant; Respondent/appellant: Respondent
Jurisdiction
United Kingdom
Judgment Date
02 May 2003
Procedural Posture
Employment Tribunal Appeal / Appeal From Decision of Employment Tribunal Chairman at Directions Hearing
Outcome
Appeal allowed in part, remitted to same Chairman if practicable; second appeal dismissed.
Legal Topics
Amendment of Pleadings, Time Limits, Unfair Dismissal, Wrongful Dismissal, Breach of Contract, Employment Relationship, Case Management
Employment Law Civil Procedure Amendment of Pleadings Time Limits Unfair Dismissal Wrongful Dismissal Breach of Contract Employment Relationship +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Applicant

Applicant

Respondent

Respondent/appellant

Procedural Posture

Employment Tribunal Appeal / Appeal From Decision of Employment Tribunal Chairman at Directions Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal Chairman erred in allowing an amendment to add claims of unfair dismissal and wrongful dismissal out of time
  2. 2 Whether the correct legal principles regarding amendments and time limits were applied

Ratio Decidendi

The Employment Tribunal Chairman erred in law by failing to apply the Selkent principles, specifically by not considering whether the new claims were out of time and whether it was reasonably practicable for the applicant to have presented them within the primary limitation period. The decision to allow the amendment was therefore set aside and the matter remitted for reconsideration applying the correct legal principles.

Court Disposition

Appeal allowed in part, remitted to same Chairman if practicable; second appeal dismissed.

Orders

  • First appeal allowed and remitted to the same Chairman for reconsideration applying correct legal principles.
  • Second appeal dismissed as unnecessary in light of the outcome of the first appeal.