EAT Jurisdictional Points : Extension of Time: Just and Equitable
PRACTICE AND PROCEDURE – Postponement or stay
The Employment Judge refused an application to bring proceedings for race discrimination against a new Respondent. He did not, however, consider how and to what extent that respondent was prejudiced by delay. There was potentially important material on that point. Appeal allowed. Question whether it was just and equitable to extend time remitted for rehearing.
The Employment Judge stayed the proceedings pending a determination of conduct proceedings by the Nursing and Midwifery Council. It was doubtful whether there was any real purpose in a stay, given the different issues in the two sets of proceedings. However, the Nursing and Midwifery Council proceedings had now been determined in any event. The order imposing a stay was revoked only because it made the stay conditional on a determination by a particular Committee, and named the wrong Committee.
David Richardson HHJ
[2014] UKEAT 0146 – 14 – 2208
Bailii
England and Wales
Employment
Updated: 21 December 2021; Ref: scu.537095