Brill v Interactive Business Communications Ltd [2010] UKEAT 0062_09_2004 (20 April 2010)

Brill v Interactive Business Communications Ltd [2010] UKEAT 0062_09_2004 (20 April 2010)

Employment Judge erred in refusing permission to amend ET1 on the basis that no grievance was raised, as no grievance is required for discrimination by dismissal; revocation of unless order and restoration of ET3 was not erroneous as strike-out was disproportionate and notice unreasonable.

Citation
[2010] UKEAT 0062_09_2004
Parties
Appellant: Mr Brill; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
20 April 2010
Procedural Posture
Employment Appeal / Appeal From Pre Hearing Decisions
Outcome
Appeal from revocation of permission to amend ET1 allowed and remitted; appeal from revocation of unless order dismissed.
Legal Topics
Amendment of Pleadings, Striking Out/dismissal, Associative Disability Discrimination, Jurisdictional Requirements, Natural Justice, Unless Orders
Employment Law Amendment of Pleadings Striking Out/dismissal Associative Disability Discrimination Jurisdictional Requirements Natural Justice Unless Orders

Case Brief

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Parties

Mr Brill

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Pre Hearing Decisions

Legal Issues

  1. 1 Whether refusal to amend ET1 to add associative disability discrimination claim was lawful
  2. 2 Whether revocation of unless order and restoration of ET3 was lawful

Ratio Decidendi

Employment Judge erred in refusing permission to amend ET1 on the basis that no grievance was raised, as no grievance is required for discrimination by dismissal; revocation of unless order and restoration of ET3 was not erroneous as strike-out was disproportionate and notice unreasonable.

Court Disposition

Appeal from revocation of permission to amend ET1 allowed and remitted; appeal from revocation of unless order dismissed.

Orders

  • Application to revoke permission to amend ET1 and application to amend ET1 remitted to Employment Judge for decision.
  • Appeal against revocation of unless order and restoration of ET3 dismissed.