Grant v ASDA (Practice and Procedure : Appearance/Response) [2017] UKEAT 0231_16_1603 (16 March 2017)

Grant v ASDA (Practice and Procedure : Appearance/Response) [2017] UKEAT 0231_16_1603 (16 March 2017)

The procedural irregularity in re-sending the claim form and restarting the time limit did not affect the outcome; extension of time for ET3 would inevitably have been granted, and the strike out decision stands. The appeal is academic and fails.

Citation
[2017] UKEAT 0231_16_1603
Parties
Appellant: Ronald Grant; Respondent: Asda Stores Ltd
Jurisdiction
United Kingdom
Judgment Date
16 March 2017
Procedural Posture
Employment Appeal Tribunal / Appeal Against Case Management Direction
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Procedural Irregularity, Jurisdiction, Strike Out, Discrimination, Unfair Dismissal
Employment Law Civil Procedure Extension of Time Procedural Irregularity Jurisdiction Strike Out Discrimination Unfair Dismissal

Case Brief

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Parties

Ronald Grant

Appellant

Asda Stores Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Case Management Direction

Legal Issues

  1. 1 Whether the Employment Tribunal erred in re-sending the claim form and restarting the 28-day time limit for ET3
  2. 2 Whether procedural irregularity undermined the strike out decision
  3. 3 Whether extension of time for ET3 should be granted

Ratio Decidendi

The procedural irregularity in re-sending the claim form and restarting the time limit did not affect the outcome; extension of time for ET3 would inevitably have been granted, and the strike out decision stands. The appeal is academic and fails.

Court Disposition

Appeal dismissed

Orders

  • Extension of time for serving ET3 granted and regularised
  • Strike out decision stands