Seabridge & Anor v. Construction Projects Training Ltd & Anor [2000] UKEAT 1413_00_1512 (15 December 2000)

Seabridge & Anor v. Construction Projects Training Ltd & Anor [2000] UKEAT 1413_00_1512 (15 December 2000)

There is no evidence of a nexus between the applicants and South Birmingham College sufficient to render the College liable as employer under the Disability Discrimination Act 1995. The Tribunal's refusal to allow joinder was a proper exercise of discretion, considering delay and lack of cause of action.

Citation
[2000] UKEAT 1413_00_1512
Parties
Applicant: Wayne Seabridge; Applicant: Paul Gater; Respondent: Construction Projects Training Ltd (CPT); Respondent: A R Trowers; Respondent: Wimpey Homes; Respondent: Pete & Steve Joinery Contractors (P&S); Proposed Respondent: South Birmingham College
Jurisdiction
United Kingdom
Judgment Date
15 December 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Joinder of Parties, Disability Status Under Disability Discrimination Act 1995
Employment Law Disability Discrimination Unfair Dismissal Joinder of Parties Disability Status Under Disability Discrimination Act 1995

Case Brief

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Parties

Wayne Seabridge

Applicant

Paul Gater

Applicant

Construction Projects Training Ltd (CPT)

Respondent

A R Trowers

Respondent

Wimpey Homes

Respondent

Pete & Steve Joinery Contractors (P&S)

Respondent

South Birmingham College

Proposed Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether South Birmingham College should be joined as a respondent
  2. 2 Whether CPT or A R Trowers is the employer for purposes of the Disability Discrimination Act 1995
  3. 3 Whether the applicants are disabled within the meaning of the Act

Ratio Decidendi

There is no evidence of a nexus between the applicants and South Birmingham College sufficient to render the College liable as employer under the Disability Discrimination Act 1995. The Tribunal's refusal to allow joinder was a proper exercise of discretion, considering delay and lack of cause of action.

Court Disposition

appeal dismissed

Orders

  • Joinder of South Birmingham College as respondent refused