Adebowale v Isban UK Ltd & Ors (Practice and Procedure : Amendment) [2015] UKEAT 0068_15_0508 (05 August 2015)

Adebowale v Isban UK Ltd & Ors (Practice and Procedure : Amendment) [2015] UKEAT 0068_15_0508 (05 August 2015)

The Employment Tribunal erred in law by striking out certain allegations without considering the overall context and the undesirability of striking out discrimination claims dependent on contested facts; it also erred in holding that all pleaded allegations were out of time and in its approach to the relationship between the Scott Schedule and the ET1. The refusal to amend and to extend time was not flawed, but certain issues require reconsideration. The case is remitted to a different Employment Tribunal for further consideration.

Citation
[2015] UKEAT 0068_15_0508
Parties
Appellant: Mr S Adebowale; Respondents: ISBAN UK Limited & Others
Jurisdiction
United Kingdom
Judgment Date
05 August 2015
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal's Preliminary Hearing Decision
Outcome
Appeal allowed in part; case remitted for reconsideration.
Legal Topics
Race Discrimination, Harassment, Jurisdictional Time Limits, Case Management, Amendment of Pleadings, Striking Out Applications, Contract Workers, Section 41 Equality Act 2010
Employment Law Discrimination Law Race Discrimination Harassment Jurisdictional Time Limits Case Management Amendment of Pleadings Striking Out Applications +2 more

Case Brief

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Parties

Mr S Adebowale

Appellant

ISBAN UK Limited & Others

Respondents

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal's Preliminary Hearing Decision

Legal Issues

  1. 1 Whether certain allegations were properly pleaded in the ET1 or required amendment
  2. 2 Whether the Employment Tribunal erred in refusing leave to amend to introduce new allegations
  3. 3 Whether the Tribunal erred in striking out allegations for having no reasonable prospects of success

Ratio Decidendi

The Employment Tribunal erred in law by striking out certain allegations without considering the overall context and the undesirability of striking out discrimination claims dependent on contested facts; it also erred in holding that all pleaded allegations were out of time and in its approach to the relationship between the Scott Schedule and the ET1. The refusal to amend and to extend time was not flawed, but certain issues require reconsideration. The case is remitted to a different Employment Tribunal for further consideration.

Court Disposition

Appeal allowed in part; case remitted for reconsideration.

Orders

  • Remit outstanding matters to a different Employment Tribunal for a further preliminary hearing.
  • Employment Tribunal to reconsider whether certain allegations are in time and/or constitute a continuing act.