A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather more than an amendment and amounted to a substitution of a new claim which was itself well out of time.
Judges:
Lord Justice Nourse, Lord Justice Peter Gibson And Lord Justice Buxton
Citations:
Times 01-Jun-1998, Gazette 01-Jul-1998, [1998] EWCA Civ 866, [1999] ICR 836
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Campion v Hamworthy Engineering CA 1987
Where it is sought to complain of decisions as to the fairness of a dismissal which, being decisions of fact, can only be challenged on grounds of perversity, the Court of Appeal must look carefully at the original decision of the IT as well as at . .
Cited – Kwik Save Stores Ltd v Swain EAT 1997
An appellate court whose jurisdiction is limited to matters of law can only interfere where there has been a breach of well-established legal principles such as failing to take account of relevant factors.
When considering barring a party for . .
Cited – X v Z Ltd CA 18-Apr-1997
Industrial Tribunal’s reporting restrictions provisions are to be given considering wider interests than just the parties who appeared before the tribunal. The tribunals themselves are the best judges of case management decisions. . .
Cited – Retarded Childrens Aid Society v Day CA 1978
Lord Russell of Killowen said: ‘The function of the Employment Appeal Tribunal is to correct errors of law where one is established and identified. I think care must be taken to avoid concluding that an experienced industrial tribunal by not . .
Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
Cited – British Newspaper Printing Corporation v Kelly CA 1989
A group of employees had brought proceedings which appeared (though there was some ambiguity) to be intended as claims for redundancy payments. More than three months after the effective date of termination they sought to amend to plead alternative . .
Appeal from – Bryant v The Housing Corporation EAT 20-Jan-1997
. .
Cited by:
Cited – Street v Derbyshire Unemployed Workers Centre EAT 22-Sep-2003
The employee claimed that the behaviour which gave rise to her dismissal was a protected disclosure, and that her motive was irrelevant.
Held: The fact that what was disclosed was true was not conclusive to protect the disclosure. The court . .
Cited – Transport and General Workers Union v Safeway Stores Ltd EAT 23-Mar-2007
EAT Practice and Procedure – Amendment
Safeway closed a depot, leading to a large number of redundancies. The Union alleged that consultation was inadequate. Proceedings were initially commenced claiming only . .
Cited – Bachnak v Emerging Markets Partnership (Europe) Ltd EAT 27-Jan-2006
EAT The claimant had worked as an adviser for the respondent identifying investment opportunities. He said he had been unfairly dismissed after disclosing that the company had overpaid for an investment. He now . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 30 May 2022; Ref: scu.144345
