Sharma v The Hindu Temple [1997] UKEAT 740_96_1501 (15 January 1997)

Sharma v The Hindu Temple [1997] UKEAT 740_96_1501 (15 January 1997)

The appellant always intended to sue his true employer, and the failure to name the correct parties was a genuine mistake. The Industrial Tribunal improperly exercised its discretion in refusing the amendment to join the new respondents. The appeal is allowed and the new respondents are to be joined as parties, with the right to make representations as to their liability.

Citation
[1997] UKEAT 740_96_1501
Parties
Appellant: Ramesh Kumar Sharma; Respondents: Trustees and Executive Committee Members for the time being of the Hindu Cultural Society, Slough
Jurisdiction
United Kingdom
Judgment Date
15 January 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Joinder of Parties, Review of Tribunal Decisions
Employment Law Unfair Dismissal Joinder of Parties Review of Tribunal Decisions

Case Brief

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Parties

Ramesh Kumar Sharma

Appellant

Trustees and Executive Committee Members for the time being of the Hindu Cultural Society, Slough

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in refusing a review and joinder of new respondents
  2. 2 Whether the case involved a genuine mistake as to the identity of the employer

Ratio Decidendi

The appellant always intended to sue his true employer, and the failure to name the correct parties was a genuine mistake. The Industrial Tribunal improperly exercised its discretion in refusing the amendment to join the new respondents. The appeal is allowed and the new respondents are to be joined as parties, with the right to make representations as to their liability.

Court Disposition

Appeal allowed

Orders

  • New respondents to be joined as parties to the proceedings.
  • New respondents may make representations to the Industrial Tribunal regarding their liability.