EZI Floor Trading LLP v Ul-Haq & Anor (Practice and Procedure : Review) [2015] UKEAT 0053_15_0207 (02 July 2015)

The Employment Judge erred in law by refusing the application for reconsideration solely on the basis of delay without considering the underlying merits of Ezi Floor Trading LLP's position.

Citation: [2015] UKEAT 0053_15_0207
Parties: Appellant: Ezi Floor Trading LLP; First Respondent: Mr N Ul-Haq; Second Respondent: Ezi Floor Limited
Jurisdiction: United Kingdom
Judgment Date: 02 July 2015
Procedural Posture: Employment Appeal / Appeal Against Refusal to Extend Time for Reconsideration
Outcome: Appeal allowed
Legal Topics: Extension of Time, Reconsideration of Judgment, Unfair Dismissal, Joinder of Parties

Employment Law Civil Procedure Extension of Time Reconsideration of Judgment Unfair Dismissal Joinder of Parties

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Parties

Ezi Floor Trading LLP

Appellant

Mr N Ul-Haq

First Respondent

Ezi Floor Limited

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Extend Time for Reconsideration

Legal Issues

1 Whether the Employment Judge erred in law by failing to consider the underlying merits when refusing to extend time for reconsideration
2 Whether Ezi Floor Trading LLP could be liable for unfair dismissal when claimant was never employed by them

Ratio Decidendi

The Employment Judge erred in law by refusing the application for reconsideration solely on the basis of delay without considering the underlying merits of Ezi Floor Trading LLP's position.

Court Disposition

Appeal allowed

Orders

The application for reconsideration and for extension of time is remitted to a different Employment Judge for determination.