Conteh v First Security Guards Ltd (Practice and Procedure : Amendment) [2017] UKEAT 0144_16_2802 (28 February 2017)

Conteh v First Security Guards Ltd (Practice and Procedure : Amendment) [2017] UKEAT 0144_16_2802 (28 February 2017)

The Employment Tribunal erred in law by failing to apply the Selkent guidance, focusing exclusively on time limits and not considering all relevant circumstances, particularly the nature of the proposed amendment.

Citation
[2017] UKEAT 0144_16_2802
Parties
Appellant: Claimant; Respondent: First Respondent
Jurisdiction
United Kingdom
Judgment Date
28 February 2017
Procedural Posture
Employment Appeal / Appeal From Preliminary Hearing Decision
Outcome
Appeal allowed
Legal Topics
Amendment of Claim, Protected Disclosures, Unfair Dismissal, Case Management Discretion, Time Limits
Employment Law Amendment of Claim Protected Disclosures Unfair Dismissal Case Management Discretion Time Limits

Case Brief

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Parties

Claimant

Appellant

First Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Hearing Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to apply the Selkent guidance when considering an application to amend the claim to add whistleblowing complaints
  2. 2 Whether the Tribunal focused exclusively on time limits rather than all relevant circumstances

Ratio Decidendi

The Employment Tribunal erred in law by failing to apply the Selkent guidance, focusing exclusively on time limits and not considering all relevant circumstances, particularly the nature of the proposed amendment.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to a differently constituted Employment Tribunal for reconsideration in accordance with the Appeal Tribunal's Judgment