Butterworth & Ors v Evans & Anor [2007] UKEAT 0538_06_2002 (20 February 2007)

Butterworth & Ors v Evans & Anor [2007] UKEAT 0538_06_2002 (20 February 2007)

The Tribunal Chairman erred in granting a just and equitable extension of time in the absence of any application, evidence, or submissions from the claimant, and failed to conduct the necessary analysis of individual allegations and respondents. The decision to extend time was not supported by material before the Tribunal and was therefore wrong in law.

Citation
[2007] UKEAT 0538_06_2002
Parties
Appellant: Haslam Homes Ltd; Appellant: Ms S Butterworth; Appellant: Mr M Pressley; Appellant: Mr C Parr; Appellant: Mr R Beasley; Respondent: Mr A E Evans
Jurisdiction
United Kingdom
Judgment Date
20 February 2007
Procedural Posture
Employment Appeal / Appeal Against Pre Hearing Review Decision
Outcome
Appeal allowed; Tribunal's extension of time and related orders set aside.
Legal Topics
Extension of Time, Discrimination, Sexual Orientation Discrimination, Just and Equitable Basis, Procedural Fairness
Employment Law Extension of Time Discrimination Sexual Orientation Discrimination Just and Equitable Basis Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Haslam Homes Ltd

Appellant

Ms S Butterworth

Appellant

Mr M Pressley

Appellant

Mr C Parr

Appellant

Mr R Beasley

Appellant

Mr A E Evans

Respondent

Procedural Posture

Employment Appeal / Appeal Against Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the Tribunal Chairman erred in granting a just and equitable extension of time without an application or supporting evidence from the claimant
  2. 2 Whether the Tribunal failed to analyse individual allegations and respondents for the purpose of time extension
  3. 3 Whether the amendment to plead dismissal as discrimination was properly allowed

Ratio Decidendi

The Tribunal Chairman erred in granting a just and equitable extension of time in the absence of any application, evidence, or submissions from the claimant, and failed to conduct the necessary analysis of individual allegations and respondents. The decision to extend time was not supported by material before the Tribunal and was therefore wrong in law.

Court Disposition

Appeal allowed; Tribunal's extension of time and related orders set aside.

Orders

  • Chairman's decision to extend time on a just and equitable basis is reversed.
  • Claims of discrimination are struck out as out of time.