Lewis v. Corus Group Ltd [2003] UKEAT 0026_03_0702 (7 February 2003)

Lewis v. Corus Group Ltd [2003] UKEAT 0026_03_0702 (7 February 2003)

The amendment sought was a re-labelling and refinement of the original claims, not the presentation of new claims; Tribunal erred in refusing the amendment and failing to follow directions.

Citation
[2003] UKEAT 0026_03_0702
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
07 February 2003
Procedural Posture
Employment Tribunal Appeal / Appeal Against Procedural Decision
Outcome
Appeal allowed
Legal Topics
Redundancy, Constructive Unfair Dismissal, Disability Discrimination, Tribunal Procedure, Extension of Time, Human Rights
Employment Law Discrimination Law Redundancy Constructive Unfair Dismissal Disability Discrimination Tribunal Procedure Extension of Time Human Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Procedural Decision

Legal Issues

  1. 1 Whether amendment to Originating Application constitutes new claims or re-labelling
  2. 2 Whether Tribunal erred in refusing amendment
  3. 3 Whether delay violated Article 6(1) ECHR rights

Ratio Decidendi

The amendment sought was a re-labelling and refinement of the original claims, not the presentation of new claims; Tribunal erred in refusing the amendment and failing to follow directions.

Court Disposition

Appeal allowed

Orders

  • Matter to proceed to full hearing before Employment Tribunal
  • Tribunal to consider extension of time if necessary