Source: All England Reporter
Publisher Citation: [2002] All ER (D) 64 (May)
Court: Employment Appeal Tribunal

Holland J, Mr P Smith and Miss S Wilson

Representation Colin Chapman of Barnes Marsland, Margate for the employee.
  The second respondent did not appear and was not represented.
Judgment Dates: 11 March 2002


Employment tribunal - Procedure - Complaint of unfair dismissal - Employee employed by Dutch company - Employee seeking to amend originating application to add Dutch company's UK agent - Chairman refusing amendment - Whether chairman in error.

The Case

The Employment Appeal Tribunal held that the appellant, who was employed by a Dutch company had an arguable case that the Dutch company's UK agent should be added to the originating application, should be given an oral hearing and that the chairman who had refused the application had been wrong just to find that the employee regarded HSF as his employer, since an oral hearing upon notice to the agent might well have revealed further relevant information as to exactly who the employee's employer was.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.