Dass v The College Of Haringey Enfield & North East London & Anor (Equal Pay Act : Part-time Pensions) [2014] UKEAT 0108_12_2006 (20 June 2014)

Dass v The College Of Haringey Enfield & North East London & Anor (Equal Pay Act : Part-time Pensions) [2014] UKEAT 0108_12_2006 (20 June 2014)

The application to amend the Notice of Appeal was refused because the Claimant failed to comply with the order to submit draft amended grounds within the required time, provided no acceptable explanation for the lengthy delay, and the proposed amended grounds had little merit. The Employment Appeal Tribunal cannot determine grounds not properly included in the Notice of Appeal, and the procedural breaches and delay outweighed any potential prejudice to the Claimant.

Citation
[2014] UKEAT 0108_12_2006
Parties
Appellant: Mr Dass; First Respondent: College of Haringey Enfield and North East London; Second Respondent: Secretary of State
Jurisdiction
United Kingdom
Judgment Date
20 June 2014
Procedural Posture
Employment Appeal Tribunal Application / Application to Amend Notice of Appeal
Outcome
Application to amend Notice of Appeal dismissed
Legal Topics
Equal Pay, Part Time Pensions, Amendment of Pleadings, Stable Employment Relationship, Limitation Periods
Employment Law Equal Pay Part Time Pensions Amendment of Pleadings Stable Employment Relationship Limitation Periods

Case Brief

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Parties

Mr Dass

Appellant

College of Haringey Enfield and North East London

First Respondent

Secretary of State

Second Respondent

Procedural Posture

Employment Appeal Tribunal Application / Application to Amend Notice of Appeal

Legal Issues

  1. 1 Whether the Employment Judge erred in holding there was no stable employment relationship between the Claimant and Respondent between 3 July 1995 and 4 January 1996 for purposes of retrospective admission to the Teachers’ Pension Scheme under the Equal Pay Act 1970.
  2. 2 Whether the Claimant should be granted permission to amend the Notice of Appeal to include new grounds out of time.

Ratio Decidendi

The application to amend the Notice of Appeal was refused because the Claimant failed to comply with the order to submit draft amended grounds within the required time, provided no acceptable explanation for the lengthy delay, and the proposed amended grounds had little merit. The Employment Appeal Tribunal cannot determine grounds not properly included in the Notice of Appeal, and the procedural breaches and delay outweighed any potential prejudice to the Claimant.

Court Disposition

Application to amend Notice of Appeal dismissed