Fearn v. Home Office [2001] UKEAT 0686_01_2306 (23 June 2001)

Fearn v. Home Office [2001] UKEAT 0686_01_2306 (23 June 2001)

The Tribunal erred in law by refusing leave to amend the IT1 solely on the basis that it widened the issues and by refusing leave to serve the race discrimination questionnaire out of time based only on passage of time, contrary to the procedural order and without proper consideration of relevant factors.

Citation
[2001] UKEAT 0686_01_2306
Parties
Appellant: Mrs D Fearn; Respondent: The Home Office
Jurisdiction
United Kingdom
Judgment Date
23 June 2001
Procedural Posture
Employment Appeal / Interlocutory Appeal
Outcome
Appeal allowed in part
Legal Topics
Racial Discrimination, Victimisation, Unlawful Deduction of Wages, Amendment of Pleadings, Procedural Directions
Employment Law Discrimination Law Racial Discrimination Victimisation Unlawful Deduction of Wages Amendment of Pleadings Procedural Directions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs D Fearn

Appellant

The Home Office

Respondent

Procedural Posture

Employment Appeal / Interlocutory Appeal

Legal Issues

  1. 1 Whether leave should be granted to amend the IT1
  2. 2 Whether leave should be granted to serve a race discrimination questionnaire out of time
  3. 3 Whether unlawful deduction of wages can exist as a free-standing cause of action

Ratio Decidendi

The Tribunal erred in law by refusing leave to amend the IT1 solely on the basis that it widened the issues and by refusing leave to serve the race discrimination questionnaire out of time based only on passage of time, contrary to the procedural order and without proper consideration of relevant factors.

Court Disposition

Appeal allowed in part

Orders

  • Set aside Tribunal's refusal to allow amended IT1; amendment allowed and to be served forthwith, except paragraph 21 (unlawful deduction of wages) to be remitted to substantive hearing for preliminary determination.
  • Set aside Tribunal's refusal to permit race discrimination questionnaire; leave granted for questionnaire to be served with all reasonable speed.