British Gas Services Ltd v Basra (Practice and Procedure) [2014] UKEAT 0194_14_1310 (13 October 2014)

British Gas Services Ltd v Basra (Practice and Procedure) [2014] UKEAT 0194_14_1310 (13 October 2014)

The Employment Tribunal erred in granting permission to amend without a formulated application or particulars, failed to consider the reasons for delay and prejudice to the Respondent, took irrelevant considerations into account, and wrongly ordered further medical evidence and adjournment when sufficient evidence was available. The Tribunal exceeded its permissible assistance to a litigant in person and failed to properly apply the legal principles governing amendments and case management.

Citation
[2014] UKEAT 0194_14_1310
Parties
Appellant/claimant: Mr Davinder Basra; Respondent: Respondent (unnamed corporate entity)
Jurisdiction
United Kingdom
Judgment Date
13 October 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal's Interlocutory Order on Amendment and Adjournment
Outcome
Appeal allowed; Employment Tribunal's orders set aside.
Legal Topics
Amendment of Pleadings, Disability Discrimination, Victimisation, Procedural Fairness, Adjournment, Case Management, Litigants in Person
Employment Law Discrimination Law Amendment of Pleadings Disability Discrimination Victimisation Procedural Fairness Adjournment Case Management +1 more

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Parties

Mr Davinder Basra

Appellant/claimant

Respondent (unnamed corporate entity)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal's Interlocutory Order on Amendment and Adjournment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in granting permission to amend the claim to add new claims of victimisation and disability discrimination without a formulated application or particulars
  2. 2 Whether the Tribunal erred in ordering a further medical report and adjourning the hearing
  3. 3 Whether the Tribunal failed to properly apply the relevant legal principles regarding amendments, delay, and prejudice

Ratio Decidendi

The Employment Tribunal erred in granting permission to amend without a formulated application or particulars, failed to consider the reasons for delay and prejudice to the Respondent, took irrelevant considerations into account, and wrongly ordered further medical evidence and adjournment when sufficient evidence was available. The Tribunal exceeded its permissible assistance to a litigant in person and failed to properly apply the legal principles governing amendments and case management.

Court Disposition

Appeal allowed; Employment Tribunal's orders set aside.

Orders

  • Mr Basra to supply Further and Better Particulars of the amendments for which permission was given on 8 August 2013 by 4pm on 10 November.
  • Solicitors for the Respondent to remind Mr Basra of the deadline and requirements for particulars.