EAT Practice and Procedure : Striking-Out/Dismissal – Bias, misconduct and procedural irregularity
The Employment Judge made a determination of time limit issues and struck out Further and Better Particulars at a Case Management Discussion. He should not have done so: see rule 17(2) of the Employment Tribunal Rules of Procedure 2004 then applicable. He should have considered (1) whether leave to amend was required in respect of any of the allegations in the Further and Better Particulars and (2) whether leave to amend should be granted, having regard to principles familiar from Selkent Bus Company v Moore [1996] ICR 836 and Ali v Office of National Statistics [2005] IRLR 201. Matter remitted for reconsideration along with other interlocutory issues presently in abeyance.
David Richardson HHJ
[2014] UKEAT 0125 – 14 – 1209
Bailii
Employment Tribunal Rules of Procedure 2004 17(2)
England and Wales
Cited by:
See Also – Bham v 2Gether NHS Foundation Trust EAT 7-Aug-2015
EAT Race Discrimination : Direct – RACE DISCRIMINATION – Inferring discrimination – HARASSMENT – VICTIMISATION DISCRIMINATION – Other forms of victimisation – The Appellant appealed against (1) a Substantive . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 22 December 2021; Ref: scu.537754