Q&As

Can a respondent object to an application for permission to amend a Notice of Appeal, and if so what are the relevant time limits?

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Published on LexisPSL on 13/05/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can a respondent object to an application for permission to amend a Notice of Appeal, and if so what are the relevant time limits?
  • Permission to amend a Notice of Appeal (EAT PD 2018, para 3.12)
  • Permission to amend a Notice of Appeal at the preliminary sift (EAT PD 2018, para 10.16)
  • Time limits within which to respond

Can a respondent object to an application for permission to amend a Notice of Appeal, and if so what are the relevant time limits?

When it comes to the grounds on which a respondent can object to an application to amend a Notice of Appeal in the Employment Appeal Tribunal (EAT), it will be relevant to consider the factors that the EAT will take into account in determining whether or not an amendment should be allowed. These factors are likely to be the same whether the application has been made under paragraphs 3.12 or 10.16 of the Practice Direction (Employment Appeal Tribunal—Procedure) 2018 (EAT PD 2018).

See Practice Note: Practice Direction (Employment Appeal Tribunal—Procedure) 2018.

Permission to amend a Notice of Appeal (EAT PD 2018, para 3.12)

When seeking permission to amend a Notice of Appeal, an appellant must comply with the requirements set out in EAT PD 2018, para 3.12, in particular the requirement that the application must be made as soon as practicable. They do not have a right to amend it; the permission of the EAT must first be sought. It was in this context that the case of Khudados v Leggate provided useful guidance on the EAT’s exercise of discretion as to whether an application should be granted or not, in particular:

  1. the overriding objective, set out in the Employment Appeal Tribunal Rules 1993

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