BUPA Care Homes v Cann; Spillett v Tesco Stores: EAT 31 Jan 2006

EAT Practice and Procedure – 2002 Act and Pre-Action Requirements; and Amendment
Whether section 32(4) EA 2002 – original time limit – restricts time for bringing a DDA claim to the primary 3 months period, or whether the just and equitable discretion under DDA Schedule 3 Part 3 may be exercised. It is the latter.
Discretion to permit/refuse amendment.
EAT Practice and Procedure – Striking-out/dismissal.
EAT Practice and Procedure – 2002 Act and pre-action requirements.
EAT Practice and Procedure – Striking-out/dismissal.


His Honour Judge Peter Clark


UKEAT/0475/05, [2006] UKEAT 0475 – 05 – 2202, UKEAT/0554/05, [2006] IRLR 248


Bailii, EATn, EATn


Employment Act 2002 32, Employment Act 2002 (Dispute Resolution) Regulations 2004


CitedClark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
CitedNottinghamshire County Council v Meikle CA 8-Jul-2004
The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accomodation for her disability, and subsequently she resigned claiming constructive dismissal and damages for . .
CitedPepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
CitedAli v Office of National Statistics CA 21-Oct-2004
The court set out the proper approach to an application for leave to amend an originating application before the Employment Tribunal. . .
CitedMark Warner Ltd v Aspland EAT 8-Dec-2005
EAT Practice and Procedure
Statutory Grievance Procedure. Whether express intention to lodge grievance required. Covering all claims. Without prejudice letters. Whether solicitor may act as party’s agent. . .
CitedShergold v Fieldway Medical Centre EAT 5-Dec-2005
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that . .
CitedGalaxy Showers Ltd v Wilson EAT 10-Nov-2005
The EAT upheld the view of an ET that a resignation letter giving notice of termination was a sufficient compliance with the requirement to set out the grievance in writing. If an employee had raised a grievance about alleged misbehaviour by the . .

Cited by:

CitedAbram v Yellow Pages Sales Ltd NIIT 10-Jun-2008
The tribunal does not have jurisdiction to consider the claimant’s complaint of race discrimination. The claimant did not raise a grievance with the first-named respondent and present his complaint with the first-named respondent within the . .
Lists of cited by and citing cases may be incomplete.


Updated: 05 July 2022; Ref: scu.238797