EAT Practice and Procedure – Amendment / 2002 Act and Pre-action Requirements
Where a claim form is issued prematurely by reason of failure to comply with Section 32(2) of the Employment Act 2002 an Employment Tribunal has jurisdiction to permit the claim form to be amended when the relevant time limit had expired provided it contains one or more causes of action that are not caught by Section 32(2) .Where the only cause of action is one caught by Section 32(2), amendment when the relevant time limit has expired is not permissible by reason of the decision in London Borough of Hounslow v Miller (UKEAT/0645/06).
Citations:
[2007] UKEAT 0181 – 07 – 2006
Links:
Citing:
Cited – Prakash v Wolverhampton City Council EAT 1-Sep-2006
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He . .
Cited – London Borough of Hounslow v Miller EAT 28-Mar-2007
EAT Contract of Employment -and- Unfair Dismissal
The employee lodged two complaints, one of disability discrimination and one of unfair dismissal.
Tribunal Chairman stayed the complaint of disability . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 July 2022; Ref: scu.253521