BMC Software Ltd v Shaikh (Practice and Procedure) [2017] UKEAT 0092_16_0501 (5 January 2017)

BMC Software Ltd v Shaikh (Practice and Procedure) [2017] UKEAT 0092_16_0501 (5 January 2017)

The further amendment to the grounds of appeal was allowed because the risk of the appellant being subject to an unlawful Judgment and awards of compensation outside the Tribunal's jurisdiction outweighed the prejudice caused by further delay.

Citation
[2017] UKEAT 0092_16_0501
Parties
Appellant: BMC Software Ltd; Respondent: Ms A Shaikh
Jurisdiction
United Kingdom
Judgment Date
05 January 2017
Procedural Posture
Employment Appeal / Application to Re Amend Grounds of Appeal
Outcome
application to re-amend grounds of appeal allowed
Legal Topics
Amendment of Grounds of Appeal, Jurisdiction of Employment Tribunal
Employment Law Practice and Procedure Amendment of Grounds of Appeal Jurisdiction of Employment Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

BMC Software Ltd

Appellant

Ms A Shaikh

Respondent

Procedural Posture

Employment Appeal / Application to Re Amend Grounds of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to make certain awards of compensation
  2. 2 Whether part of the original Judgment was sound in law

Ratio Decidendi

The further amendment to the grounds of appeal was allowed because the risk of the appellant being subject to an unlawful Judgment and awards of compensation outside the Tribunal's jurisdiction outweighed the prejudice caused by further delay.

Court Disposition

application to re-amend grounds of appeal allowed

Orders

  • Further amendment to grounds of appeal permitted