Kalu v. Hackney & Ors [2001] UKEAT 1091_01_2610 (26 October 2001)

Kalu v. Hackney & Ors [2001] UKEAT 1091_01_2610 (26 October 2001)

VINCI Plc could not be liable as it was not the employer at the relevant time and only became a shareholder after the events complained of; the proposed new claims were outside the scope of the existing proceedings and should be brought separately if justiciable.

Citation
[2001] UKEAT 1091_01_2610
Parties
Appellant: Mr A Kalu; Proposed Respondent: VINCI Plc; Original Respondent: Total Facilities Management Ltd (TFM)
Jurisdiction
United Kingdom
Judgment Date
26 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
appeal dismissed
Legal Topics
Amendment of Claim, Joinder of Parties, Jurisdiction of Employment Tribunal
Employment Law Amendment of Claim Joinder of Parties Jurisdiction of Employment Tribunal

Case Brief

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Parties

Mr A Kalu

Appellant

VINCI Plc

Proposed Respondent

Total Facilities Management Ltd (TFM)

Original Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether leave should be granted to add VINCI Plc as a respondent
  2. 2 Whether leave should be granted to add pension and reference claims

Ratio Decidendi

VINCI Plc could not be liable as it was not the employer at the relevant time and only became a shareholder after the events complained of; the proposed new claims were outside the scope of the existing proceedings and should be brought separately if justiciable.

Court Disposition

appeal dismissed

Orders

  • Appeal will not proceed to a full hearing
  • Leave to amend to add VINCI Plc as respondent refused