2 Sisters Food Group Ltd v Abraityte & Ors (Practice and Procedure: Amendment) [2015] UKEAT 0209_15_1311 (13 November 2015)

2 Sisters Food Group Ltd v Abraityte & Ors (Practice and Procedure: Amendment) [2015] UKEAT 0209_15_1311 (13 November 2015)

Amendments to add or change Claimants' roles constitute new claims and must be considered for time limits; ET failed to fully engage with scope and time issues, rendering its decision unsafe.

Citation
[2015] UKEAT 0209_15_1311
Parties
Appellant: Respondent; Respondent: Claimants
Jurisdiction
United Kingdom
Judgment Date
13 November 2015
Procedural Posture
Employment Appeal / Appeal Against Preliminary Hearing Order Granting Amendment
Outcome
appeal allowed
Legal Topics
Equal Pay, Equal Value Claims, Amendment of Pleadings, Time Limits, Case Management Discretion
Employment Law Equality Law Equal Pay Equal Value Claims Amendment of Pleadings Time Limits Case Management Discretion

Case Brief

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Parties

Respondent

Appellant

Claimants

Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Hearing Order Granting Amendment

Legal Issues

  1. 1 Whether amendments to add/change Claimants' roles constitute new causes of action and are out of time
  2. 2 Whether the Employment Tribunal properly considered time limits and scope of amendments
  3. 3 Whether the ET exercised its discretion correctly in allowing amendments

Ratio Decidendi

Amendments to add or change Claimants' roles constitute new claims and must be considered for time limits; ET failed to fully engage with scope and time issues, rendering its decision unsafe.

Court Disposition

appeal allowed

Orders

  • Matter remitted to Employment Tribunal for reconsideration of amendments and time issues