Wright v David Davis Associates & Anor [1992] UKEAT 101_92_0707 (7 July 1992)

Wright v David Davis Associates & Anor [1992] UKEAT 101_92_0707 (7 July 1992)

The Tribunal misapplied the legal test by relying on the 'just and equitable' standard for late claims rather than the balancing approach required for amendments; the correct test requires consideration of prejudice and hardship to both parties. The proposed amendment raised an arguable cause of action under the Sex Discrimination Act 1975.

Citation
[1992] UKEAT 101_92_0707
Parties
Appellant: Miss Wright; 1st Respondents: David Davis Associates; 2nd Respondents: Trust House Forte Plc
Jurisdiction
United Kingdom
Judgment Date
07 July 1992
Procedural Posture
Appeal From Industrial Tribunal / Appeal Decision on Refusal to Amend Originating Application
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Sex Discrimination, Amendment of Pleadings, Jurisdiction
Employment Law Equality Law Unfair Dismissal Sex Discrimination Amendment of Pleadings Jurisdiction

Case Brief

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Parties

Miss Wright

Appellant

David Davis Associates

1st Respondents

Trust House Forte Plc

2nd Respondents

Procedural Posture

Appeal From Industrial Tribunal / Appeal Decision on Refusal to Amend Originating Application

Legal Issues

  1. 1 Whether the Industrial Tribunal applied the correct legal test in refusing leave to amend the Originating Application
  2. 2 Whether the proposed amendment introduced an arguable cause of action against the 2nd Respondents

Ratio Decidendi

The Tribunal misapplied the legal test by relying on the 'just and equitable' standard for late claims rather than the balancing approach required for amendments; the correct test requires consideration of prejudice and hardship to both parties. The proposed amendment raised an arguable cause of action under the Sex Discrimination Act 1975.

Court Disposition

Appeal allowed

Orders

  • Leave to amend granted; amendment to be pronounced upon once submitted