C Argenio v. NEC Group Ltd & Anor

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 16 July 2002 Judgment delivered on 5 September 2002 Before

MR C ARGENIO APPELLANT (1) THE NEC GROUP LTD (2) SYMPHONY HALL (BIRMINGHAM) LTD RESPONDENT

In order that Mr Argenio should not feel disadvantaged we looked at the material which he wished to adduce de bene esse . Having looked at it we are entirely satisfied that the decision which the Registrar made was correct.

He says that in these circumstances the amendment which he sought to make was merely a re-labelling of an existing claim and that the Tribunal ought to recognise this. He referred us to the well known case of Selkent Bus Co Ltd v Moore [1996] IRLR 661 . He went on to refer to Liburd v Hideaway Youth Project , 23 Sept 1999 (Unreported) in which Judge Hicks, sitting in the Employment Appeal Tribunal said:

He referred also to British Coal Corporation v Keeble & Ors [1997] IRLR 336 , in particular the passage at page 338. He made reference also to Goodwin v The Patent Office [1999] IRLR 4 , although this does not bear on the point under discussion.