Khetab v AGA Medical Ltd & Ors [2010] UKEAT 0313_10_2110 (21 October 2010)

Khetab v AGA Medical Ltd & Ors [2010] UKEAT 0313_10_2110 (21 October 2010)

The ET1 particulars of claim sufficiently raised the issue of a continuing act, so no amendment was necessary. The continuing act issue should be determined at the full merits hearing after evidence is heard. The refusal to allow amendment was wrong, but the refusal to extend time for pre-6 May 2009 incidents stands.

Citation
[2010] UKEAT 0313_10_2110
Parties
Appellant: Mr Khetab; Respondents: AGA Medical Ltd and three named individual employees
Jurisdiction
United Kingdom
Judgment Date
21 October 2010
Procedural Posture
Employment Appeal / Appeal From Preliminary Hearing Decision
Outcome
Appeal allowed in part
Legal Topics
Race Discrimination, Religious Discrimination, Continuing Act Doctrine, Limitation Periods, Constructive Dismissal, Unfair Dismissal, Harassment, Victimisation, Equal Pay, Breach of Contract, Working Time Regulations
Employment Law Discrimination Law Race Discrimination Religious Discrimination Continuing Act Doctrine Limitation Periods Constructive Dismissal Unfair Dismissal +5 more

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Parties

Mr Khetab

Appellant

AGA Medical Ltd and three named individual employees

Respondents

Procedural Posture

Employment Appeal / Appeal From Preliminary Hearing Decision

Legal Issues

  1. 1 Whether it is necessary to plead a continuing act in the ET1 claim form to overcome a limitation defence
  2. 2 Whether the Employment Judge erred in refusing to allow amendment to plead a continuing act
  3. 3 Whether the limitation issue should be determined at a preliminary hearing or at the full merits hearing

Ratio Decidendi

The ET1 particulars of claim sufficiently raised the issue of a continuing act, so no amendment was necessary. The continuing act issue should be determined at the full merits hearing after evidence is heard. The refusal to allow amendment was wrong, but the refusal to extend time for pre-6 May 2009 incidents stands.

Court Disposition

Appeal allowed in part

Orders

  • Set aside the first two rulings of the Employment Judge regarding pleading and amendment
  • Refer the continuing act question for determination at the full Employment Tribunal hearing