Reuters Ltd v Cole [2018] UKEAT 0258_17_1602 (16 February 2018)

Reuters Ltd v Cole [2018] UKEAT 0258_17_1602 (16 February 2018)

The addition of a section 13 Equality Act 2010 claim is not a mere relabelling of the section 15 claim, as it involves a more onerous test, a different factual enquiry, and requires facts not pleaded in the original claim. The Tribunal erred in treating it as relabelling and in failing to consider the exercise of...

Source-derived case information.

Citation
[2018] UKEAT 0258_17_1602
Parties
Appellant: Mr Cole; Respondent: Reuters
Jurisdiction
United Kingdom
Judgment Date
16 February 2018
Procedural Posture
Employment Appeal / Appeal Against Grant of Amendment to ET1 Claim
Outcome
Appeal allowed; application to amend remitted to Employment Judge for reconsideration of discretion.
Legal Topics
Amendment of Pleadings, Direct Discrimination, Discrimination Arising From Disability, Time Limits, Exercise of Discretion
Employment Law Equality Law Amendment of Pleadings Direct Discrimination Discrimination Arising From Disability Time Limits Exercise of Discretion

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Summary, issues, holding and outcome

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Parties

Mr Cole

Appellant

Reuters

Respondent

Procedural Posture

Employment Appeal / Appeal Against Grant of Amendment to ET1 Claim

Legal Issues

  1. 1 Whether the addition of a section 13 Equality Act 2010 claim is a mere relabelling or a new claim involving new facts
  2. 2 Whether the Tribunal erred in granting the amendment without considering time limits and discretion
  3. 3 Whether sufficient reasons were given for the decision

Ratio Decidendi

The addition of a section 13 Equality Act 2010 claim is not a mere relabelling of the section 15 claim, as it involves a more onerous test, a different factual enquiry, and requires facts not pleaded in the original claim. The Tribunal erred in treating it as relabelling and in failing to consider the exercise of discretion regarding time limits.

Court Disposition

Appeal allowed; application to amend remitted to Employment Judge for reconsideration of discretion.

Orders

  • Remission to Regional Employment Judge Taylor to consider the exercise of discretion regarding the amendment to add a section 13 claim, including time limits and just and equitable extension.