EAT Equal Pay Act : Part-Time Pensions – PRACTICE AND PROCEDURE – Amendment – The Claimant applied to the Employment Appeal Tribunal for leave to amend his Notice of Appeal. The Claimant seeks retrospective admission to the Teachers Pension Scheme for periods of part-time employment. At a preliminary hearing, HH Judge David Richardson gave the Claimant leave to lodge a draft amended Notice of Appeal to substitute grounds challenging the decision of an Employment Judge that there was no stable employment relationship between the Claimant and the Respondent between dates during the period for which retrospective admission to the scheme was claimed. The decision of the Employment Judge means that retrospective admission cannot be claimed under the current ET1 for the whole period. Although Additional Amended Grounds of appeal on another point were lodged, no draft amended grounds on the stable employment issue were provided in compliance with the Order of HH Judge Richardson. There was a lengthy delay in serving a draft amended Notice of Appeal and application to amend for which there was no acceptable explanation. Further, the draft amended grounds had little merit. Applying the principles in Khudados v Leggate and others [2005] ICR 1013 and the overriding objective of the Employment Appeal Tribunal Rules as amended in 2013, the application was dismissed.
Slade J DBE
[2014] UKEAT 0108 – 12 – 2006
Bailii
England and Wales
Employment
Updated: 05 December 2021; Ref: scu.527200