Pugh v RT Electrics Ltd: EAT 6 Sep 2016

EAT Practice and Procedure : Estoppel or Abuse of Process
PRACTICE AND PROCEDURE – Review
The Claimant had brought a number of claims against his employer, the Respondent. A Preliminary Hearing had been fixed to determine all issues of time bar raised by the Respondent. An Employment Tribunal decided that one of the claims (Claim 4) had been brought after the expiry of the three month period in the Equality Act 2010, but that it would be just and equitable under section 123 of that Act to allow it to proceed.
After a final hearing before a second, separate Tribunal and on the basis that the evidcne supported only a single incident in the early part of the period covered by Claim 4, that claim was dismissed on the basis that it was out of time and the Tribunal accordingly had no jurisdiction to uphold it. The claim would have been established but for the time limit issue.
Held: allowing the appeal –
The second Tribunal had erred in a number of ways in its approach to the time bar issue. No consideration had been given to the principles of res judicata or issue estoppel in relation to the first Tribunal’s decision on the time bar point. In the absence of an appeal, that decision was binding on the subsequent Tribunal. Further, the decision of the second Tribunal to interfere with the Preliminary Hearing Judge’s decision could not be characterised as a reconsideration. Reconsideration of Judgments is not a concept developed at common law and is available only using the mandatory procedure prescribed in the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. None of the relevant Rules applicable to reconsideration had been followed by the Tribunal. The procedure had been unfair, depriving the Claimant of the right to be heard on the issue.
In any event, reconsideration would not have been required in the interests of justice. The proper outcome following the final hearing was that the Claimant had succeeded in a limited part of his claim.
Appeal allowed and Order in Claimant’s favour substituted.

Lady Wise
[2016] UKEAT 0177 – 16 – 0609
Bailii
England and Wales

Employment

Updated: 25 January 2022; Ref: scu.570978