Stokes v Top Security Rangers UK [1998] UKEAT 1350_97_0602 (6 February 1998)

Stokes v Top Security Rangers UK [1998] UKEAT 1350_97_0602 (6 February 1998)

There are arguable points of law regarding the necessity of the amendment, evidential support for the Tribunal's conclusion, and the legal interpretation of Section 100(1)(d) Employment Rights Act 1996, warranting a full hearing.

Citation
[1998] UKEAT 1350_97_0602
Parties
Appellant: Mr Stokes; Respondent: Unknown Employer
Jurisdiction
United Kingdom
Judgment Date
06 February 1998
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal to proceed to full hearing
Legal Topics
Amendment of Application, Section 100(1)(d) Employment Rights Act 1996, Tribunal Procedure
Employment Law Amendment of Application Section 100(1)(d) Employment Rights Act 1996 Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Stokes

Appellant

Unknown Employer

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the application to amend the IT1 was necessary
  2. 2 Whether the Tribunal's conclusion was unsupported by evidence
  3. 3 Whether the Chairman misdirected himself in law regarding Section 100(1)(d) Employment Rights Act 1996

Ratio Decidendi

There are arguable points of law regarding the necessity of the amendment, evidential support for the Tribunal's conclusion, and the legal interpretation of Section 100(1)(d) Employment Rights Act 1996, warranting a full hearing.

Court Disposition

Appeal to proceed to full hearing

Orders

  • Case to be heard as Category B by a High Court Judge, preferably Mr Justice Morison