Lewis v. Corus Group Ltd [2001] UKEAT 1190_01_2310 (23 October 2001)

The Employment Tribunal erred in law by refusing leave to amend solely on the basis of lateness without considering prejudice or bad faith; an inter partes hearing is required to properly determine the application to amend.

Source-derived case information.

Citation: [2001] UKEAT 1190_01_2310
Parties: Appellant: Ian Roger Lewis; Respondent: Corus Group Ltd
Jurisdiction: United Kingdom
Judgment Date: 23 October 2001
Procedural Posture: Employment Appeal / Interlocutory Appeal Against Refusal of Leave to Amend
Outcome: Appeal allowed
Legal Topics: Amendment of Pleadings, Redundancy, Constructive Dismissal, Disability Discrimination, Procedural Fairness

Employment Law Amendment of Pleadings Redundancy Constructive Dismissal Disability Discrimination Procedural Fairness

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Ian Roger Lewis

Appellant

Corus Group Ltd

Respondent

Procedural Posture

Employment Appeal / Interlocutory Appeal Against Refusal of Leave to Amend

Legal Issues

1 Whether the Employment Tribunal erred in refusing leave to amend the IT1 to add claims for disability discrimination and constructive dismissal solely on grounds of lateness
2 Whether an inter partes hearing is required after an ex parte refusal to amend

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Refusal of 3 September set aside
Matter remitted for inter partes hearing before Employment Tribunal

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