Employment Cases Update

GTR Ltd v Rodway and others UKEAT/0283/19/AT & UKEAT/0284/19/AT

Date published: 22/06/2020

Appeal against the ET’s decision permitting an amendment to claims arising out of a dispute over backdated holiday pay and deciding that the claims were brought in time. Appeal allowed.

Backdated holiday pay was withheld by the Respondent from the Claimants in connection with industrial action. The Claimants brought claims in the ET for discrimination on the grounds of religion or belief and for backdated holiday pay, and later amended their claims so as to characterise them as an alleged breach of the Employment Relations Act 1999 (Blacklists) Regulations 2010 ("the 2010 Regulations"). The ET considered that changing the claim to a "blacklisting" claim was consistent with the original claim and so permitted the amendment; and it concluded that the withholding of backdated holiday pay was an ongoing act, and so the claims were not brought out of time. The Respondent appealed on grounds including that (1) the ET failed to take account of Selkent Bus Co Ltd v Moore [1996] ICR 836 and erred in characterising the amendment as merely relabelling and clarifying the nature of the claim, rather than altering its substance, and (2) the ET did not deal adequately with the question of time limits.

The EAT held that the ET's decision to allow the amendment to introduce a claim under the 2010 Regulations was flawed. Accordingly, the matter would be remitted to a fresh ET for reconsideration of the nature of the original claim, the nature of the proposed amendment, whether the original claims were out of time, and whether the application to amend was made after expiry of the relevant limitation period.

Read the full text of the judgment on BAILII or download the file by clicking the link below.