Dosanjh v Nottinghamshire Healthcare NHS Trust (Practice and Procedure : Amendment) [2013] UKEAT 0517_12_0304 (03 April 2013)

Dosanjh v Nottinghamshire Healthcare NHS Trust (Practice and Procedure : Amendment) [2013] UKEAT 0517_12_0304 (03 April 2013)

It is reasonably arguable that the Employment Judge overlooked documentary evidence of internal grievances when refusing to allow amendment to add race and disability discrimination claims, requiring a full hearing on these amendment points. The deposit order for unfair dismissal was within the Judge's discretion...

Source-derived case information.

Citation
[2013] UKEAT 0517_12_0304
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
03 April 2013
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed in part; case sent to full hearing on amendment points only; deposit order stands.
Legal Topics
Amendment of Pleadings, Bias and Misconduct, Procedural Irregularity, Discrimination (race and Disability), Deposit Orders
Employment Law Civil Procedure Amendment of Pleadings Bias and Misconduct Procedural Irregularity Discrimination (race and Disability) Deposit Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing to amend the claim to add race and disability discrimination claims due to delay
  2. 2 Whether the Judge overlooked documentary evidence of internal grievances
  3. 3 Whether the deposit order for unfair dismissal was correctly made

Ratio Decidendi

It is reasonably arguable that the Employment Judge overlooked documentary evidence of internal grievances when refusing to allow amendment to add race and disability discrimination claims, requiring a full hearing on these amendment points. The deposit order for unfair dismissal was within the Judge's discretion and stands.

Court Disposition

Appeal allowed in part; case sent to full hearing on amendment points only; deposit order stands.

Orders

  • Full hearing ordered on amendment to add race and disability discrimination claims.
  • Deposit order for unfair dismissal remains in place.