Brooks Pleteni & Ors (CONTRACT OF EMPLOYMENT, UNLAWFUL DEDUCTION OF WAGES, VICTIMISATION & HARASSMENT) [2022] EAT 88 (27 January 2022)

Brooks Pleteni & Ors (CONTRACT OF EMPLOYMENT, UNLAWFUL DEDUCTION OF WAGES, VICTIMISATION & HARASSMENT) [2022] EAT 88 (27 January 2022)

The Employment Tribunal erred in law by allowing an insufficiently particularised amendment, proceeding in the appellant's absence without proper notice, and making a finding of employer status without adequate evidence, resulting in unfairness and injustice.

Citation
[2022] EAT 88
Parties
Appellant: Ms N Brooks; Respondents: Ms M Pleteni & Ors
Jurisdiction
United Kingdom
Judgment Date
27 January 2022
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment and Orders
Outcome
Appeal allowed; Employment Tribunal judgments and orders set aside; case remitted to differently constituted Employment Tribunal.
Legal Topics
Contract of Employment, Unlawful Deduction of Wages, Victimisation, Harassment, Amendment of Claim, Service of Proceedings
Employment Law Practice and Procedure Contract of Employment Unlawful Deduction of Wages Victimisation Harassment Amendment of Claim Service of Proceedings

Case Brief

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Parties

Ms N Brooks

Appellant

Ms M Pleteni & Ors

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment and Orders

Legal Issues

  1. 1 Whether the Employment Tribunal erred in allowing amendment to add appellant as employer
  2. 2 Whether the Employment Tribunal erred in proceeding with the hearing in appellant's absence
  3. 3 Whether there was sufficient evidence to find appellant was the employer

Ratio Decidendi

The Employment Tribunal erred in law by allowing an insufficiently particularised amendment, proceeding in the appellant's absence without proper notice, and making a finding of employer status without adequate evidence, resulting in unfairness and injustice.

Court Disposition

Appeal allowed; Employment Tribunal judgments and orders set aside; case remitted to differently constituted Employment Tribunal.

Orders

  • ET judgments and orders of 24 September 2021 and amendment decision of 6 May 2021 set aside.
  • Claim remitted for case management and final hearing before a differently constituted ET.