Smith v Pimlico Plumbers Ltd [2020] UKEAT 0003_20_1612 (16 December 2020)

Smith v Pimlico Plumbers Ltd [2020] UKEAT 0003_20_1612 (16 December 2020)

Permission to amend the grounds of appeal was refused because the applications were made too late, without adequate explanation, and the proposed amendments represented new grounds not previously pleaded or permitted. Even if allowed, the amendments lacked merit as the Tribunal's findings of reasonable and proper cause were not susceptible to successful challenge. The appeal was dismissed as no substantive grounds remained.

Citation
[2020] UKEAT 0003_20_1612
Parties
Appellant: Smith; Respondent: Pimlico Plumbers
Jurisdiction
United Kingdom
Judgment Date
16 December 2020
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Application to Amend Grounds of Appeal During Appeal Hearing; Determination of Appeal
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Constructive Dismissal, Amendment of Grounds of Appeal, Reasonable Adjustments, Justification Under Equality Act 2010, Implied Term of Mutual Trust and Confidence
Employment Law Equality and Discrimination Law Disability Discrimination Constructive Dismissal Amendment of Grounds of Appeal Reasonable Adjustments Justification Under Equality Act 2010 Implied Term of Mutual Trust and Confidence

Case Brief

Summary, issues, holding and outcome

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Parties

Smith

Appellant

Pimlico Plumbers

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Application to Amend Grounds of Appeal During Appeal Hearing; Determination of Appeal

Legal Issues

  1. 1 Whether permission should be granted to amend grounds of appeal at a late stage
  2. 2 Whether the Employment Tribunal erred in its approach to constructive dismissal under the Equality Act 2010 for limb (b) workers
  3. 3 Whether the Tribunal erred in its analysis of justification under s.15(1)(b) Equality Act 2010

Ratio Decidendi

Permission to amend the grounds of appeal was refused because the applications were made too late, without adequate explanation, and the proposed amendments represented new grounds not previously pleaded or permitted. Even if allowed, the amendments lacked merit as the Tribunal's findings of reasonable and proper cause were not susceptible to successful challenge. The appeal was dismissed as no substantive grounds remained.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend grounds of appeal refused
  • Disability Discrimination Appeal dismissed