Office of Rail and Road & Others

Judgment approved by the court for handing down Ikeji v Office of Rail and Road and others © EAT 2024 Page 1 [2024] EAT 87 Neutral Citation Number: [2024] EAT 87 Case No: EA-2023-000113-JOJ EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 5 June 2024 Before: His Honour Judge James Tayler - - - - - - - - - - - - - - - - - - - - - Between: Mr Adrian Ikeji Appellant - and - (1) Office of Rail and Road (2) Ian Prosser (3) Matthew Farrell (4) Victoria Rosolia (5) Donald Wilson Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Adrian Ikeji the Appellant Mr Gordon Menzies (instructed by TLT LLP) for the Respondents Appeal from Registrar’s Order Hearing date: 9 May 2024 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Ikeji v Office of Rail and Road and others © EAT 2024 Page 2 [2024] EAT 87 SUMMARY Practice and Procedure The claimant brought two claims in the Employment Tribunal. The claimant sought interim relief in the second of the two claims. At a Preliminary Hearing, on 24 October 2022, the application for interim relief was refused, as was an application to amend the second claim. The appeal against those decisions was properly instituted because the claimant provided the necessary documents within time, including the ET1 claim and ET3 response for the second claim that were required to appeal against the judgment refusing interim relief. It was not necessary to provide the ET1 claim and ET3 response for the second claim to appeal against the refusal to permit the amendment of the second claim because that appeal was against an order, rather than a judgment. The claimant was not required to submit the ET1 cla…