EAT Practice and Procedure : Service : Parties
Respondents to a discrimination claim sought joinder, in reliance on rule 10 (2) (h) and/or 10 (2) (r) of the Employment Tribunal Rules of Procedure, of the Appellant, an ex-employee based in the U.S., who they said was jointly liable for any discrimination found against them – Application to strike out claim as against him on the basis (a) that service had not been effected in accordance with rule 61 (4) (h) (ii) and/or (b) that the application was made for an ulterior motive and/or (c) that the claim of joint liability had no reasonable prospect of success – Application dismissed.
By the time of the appeal the Respondents and the Claimant had settled, and neither had any wish to pursue the Appellant further; but he sought to pursue the appeal in order to be able to make an application for costs on the basis that he should not have been joined in the first place. Appeal allowed to proceed, but only as regards issues that could have justified an application for costs.
Judges:
Underhill P J
Citations:
[2011] UKEAT 0121 – 11 – 1410
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 29 September 2022; Ref: scu.449407