MR D TIERNAN v LOOKERS NORTH WEST LTD T/A LOOKERS ELLESMERE PORT [2002] UKEAT 1262_01_2305

EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [2002] UKEAT 1262_01_2305Case No Appeal No. EAT/1262/01Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Between
MR D TIERNANAPPELLANTLOOKERS NORTH WEST LTD T/A LOOKERS ELLESMERE PORTRESPONDENT
Before
Ms Recorder SladeDate 23 May 2002
[1]APPEARANCES For the Appellant MR P GREATOREX (of Counsel) Instructed By: Messrs Richard C Hall & Partners Crown Buildings 121a Saughall Road Blacon Chester CH1 5ET MS RECORDER SLADE QC: This is an appeal from the decision of an Employment Tribunal on 29 August 2001, which refused to allow the Applicant's Originating Application to be amended to include a claim for disability discrimination.[2]Mr Tiernan had presented the claim for unfair dismissal. A Tribunal under a different chairman, Mr Bradshaw, decided on 6 March that the Originating Application could be amended to include a claim for disability discrimination and following the oral announcement of that decision a letter was written to the parties giving consequential directions. In a letter of 12 March 2001, the office of the Employment Tribunal confirmed that the Applicant had leave to amend his Originating Application to include a complaint under the Disability Discrimination Act 1995 and gave consequential directions and at item 4 directing the preliminary issue as to whether the Applicant is disabled within the meaning of the Disability Discrimination Act 1995 to be heard on 4 May before any Tribunal. Directions as to the hearing of that preliminary point were also given.[3]A notice of hearing of a preliminary point was sent out which referred to the preliminary issue as to whether the Applicant is disabled within the meaning of the Disability Discrimination Act. There then followed a hearing on 18 June before a different chairman. At that hearing the Tribunal stated in paragraph 1 of the extended reasons:
"The case was listed to determine whether the applicant was disabled. However it emerged from informal discussion with the parties representatives that it would be more expedient and expeditious to first determine the merits of the case, in accordance with the directions set out below."
[4]The case was therefore adjourned to 29 August. On 29 August the Tribunal reached the decision which is the subject of this appeal. On 29 August, the Tribunal under yet again a different chairman, decided not to allow the Applicant's application to amend his complaint to the Tribunal to include a complaint of disability discrimination under the Disability Discrimination Act 1995 .[5]Mr Greatorex, who appears before the Appellant, complains that there had been a decision made by the Tribunal on 6 March 2001, allowing the originating Application to be amended to include a complaint under the Disability Discrimination Act 1995 and further and says that directions given thereafter and actions thereafter of the Tribunal office are consistent only with a decision that that claim be permitted to proceed. He contends that the decision on 29 August 2001 was inconsistent with previous decisions already taken.[6]In our view that has been a muddle in the Tribunal's approach to this matter and there is in our view some justification in the complaint that is made in this appeal and we therefore allow it to proceed to a full hearing. Time estimate of an hour and a half. It will be listed in Category C. Permission granted for amended notice of appeal to be served within 14 days.