EAT UNFAIR DISMISSAL: Constructive dismissal
PRACTICE AND PROCEDURE: Amendment
The substance of the claim brought by the Claimant, a police officer, was that he had been forced to resign as a result of racially instituted discrimination and had then been constructively dismissed. He had, however, incorrectly completed the boxes in his ET1 as he completed the box for dismissed rather than for discrimination. Police officers are only permitted to claim for unfair dismissal if the dismissal is on discriminatory grounds. The Employment Judge was wrong to refuse the Claimant permission to amend. He was not seeking to add a new cause of action but to correctly label his existing claim. Appeal allowed.
Citations:
[2009] UKEAT 0009 – 09 – 3103
Links:
Jurisdiction:
England and Wales
Employment
Updated: 26 March 2022; Ref: scu.347171