Zaiwalla & Co & Anor v. Walia [2001] UKEAT 451_00_1809 (18 September 2001)

Zaiwalla & Co & Anor v. Walia [2001] UKEAT 451_00_1809 (18 September 2001)

The application to amend the Notice of Appeal to raise a new jurisdictional point is refused because it was not raised below and is substantively misconceived; the principle in Rhys-Harper does not apply as the complaint did not arise post-termination.

Citation
[2001] UKEAT 451_00_1809
Parties
Appellant: Zaiwalla & Co; Respondent: Unknown (Respondent below)
Jurisdiction
United Kingdom
Judgment Date
18 September 2001
Procedural Posture
Employment Appeal / Directions Hearing
Outcome
Application to amend Notice of Appeal refused; directions for conduct of appeal hearing issued.
Legal Topics
Sex Discrimination, Jurisdiction of Employment Tribunal, Admissibility of Evidence, Appeal Procedure
Employment Law Sex Discrimination Jurisdiction of Employment Tribunal Admissibility of Evidence Appeal Procedure

Case Brief

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Parties

Zaiwalla & Co

Appellant

Unknown (Respondent below)

Respondent

Procedural Posture

Employment Appeal / Directions Hearing

Legal Issues

  1. 1 Whether Employment Tribunal had jurisdiction to consider sex discrimination complaints raised after termination of employment
  2. 2 Whether proposed amendment to Notice of Appeal should be allowed
  3. 3 Admissibility of evidence relating to comparator

Ratio Decidendi

The application to amend the Notice of Appeal to raise a new jurisdictional point is refused because it was not raised below and is substantively misconceived; the principle in Rhys-Harper does not apply as the complaint did not arise post-termination.

Court Disposition

Application to amend Notice of Appeal refused; directions for conduct of appeal hearing issued.

Orders

  • Combined appeals to be listed for one and a half days.
  • Each party to serve extracts from Chairman's Notes of Evidence by 4 pm on 2 October 2001.