EAT PRACTICE AND PROCEDURE – Parties
The Claimant brought proceedings against the First Respondents under the Sex Discrimination Act 1975, partly arising out of alleged harassment by the Appellant, a former colleague. She advanced no claim against the Appellant and made it clear that she had no wish to do so; but the First Respondents applied, some time after the start of the proceedings, to have him joined. The Employment Judge acceded to that application, relying on rules 10 (2) (k) and/or 10 (2) (r) of the Employment Tribunal Rules of Procedure.
HELD, allowing the Appellant’s appeal, that in the absence of any claim by the Claimant the only basis on which the Appellant could properly have been joined would have been that the First Respondents were making a contribution claim against him pursuant to the Civil Liability (Contribution) Act 1978 (though it was debatable whether such a claim in fact lay or, if so, whether the Tribunal had jurisdiction to entertain it); but that since no such claim had been advanced in the Tribunal, no ground for his joinder had been shown.
Discussion of scope of rules 10 (2) (k) and 10 (2) (r).
Judges:
Underhill P J
Citations:
[2011] UKEAT 0405 – 11 – 2911
Links:
Jurisdiction:
England and Wales
Employment
Updated: 01 October 2022; Ref: scu.449995