EZI Floor Trading LLP v Ul-Haq & Anor (Practice and Procedure : Review)

The Employment Judge failed, in refusing to extend time for applying for a reconsideration, to demonstrate that he had given any consideration to the underlying merits of the party making the application.

This is an appeal by Ezi Floor Trading LLP against a decision of an Employment Judge sitting at Leeds, who gave his Judgment on 7 May 2014, which was to refuse the Appellant�s application for reconsideration of a Judgment dated 3 October 2013 by reason of the fact that it was made outside the time limit pursuant to Rule 71 of Schedule 1 to the 2013 Regulations .

�Since 1st May 2013 Ezi Floor has become an LLP (a limited liability partnership).�

It appears that the current Appellant did become the successor to Ezi Floor Limited�s business in circumstances which, I am informed, were the subject of submissions before the Tribunal on 7 May 2014.� Submissions have been made by Mr Solomon on behalf of the LLP that it must be the case that those submissions should result in the conclusion that Ezi Floor Trading LLP could not be liable to Mr Ul-Haq as Mr Ul-Haq was never employed by them.

Thus, when the Judgment was sent to the parties on 4 October 2013, it appears that that would have included LLP, which was, by that stage, one of the parties.� Indeed, in the bundle there is a document dated 4 October 2013, enclosing a copy of the Employment Tribunal�s Judgment, directed to Ezi Floor Trading LLP at the same address as had been identified by Ezi Floor Limited.