Chief Constable of Essex Police v Kovacevic (Race Discrimination): EAT 22 Mar 2013

On a claim for unfair dismissal, the Claimant applied on the opening day of the hearing for permission to amend the claim form to include numerous claims of race discrimination. The hearing was adjourned. The Employment Judge was not provided with the text of the proposed amendment but when outlined to him it was clear that many of the claims were out of time. The Judge allowed the amendment application and extended time to bring the claim. Employer’s appeal allowed.
The Judge ought not to have entertained the application without seeing the terms of the proposed amendment. Even if the terms had been sufficiently outlined, the Judge has failed to apply the right test when considering the application.
Application to amend (when formulated) to be considered afresh by different Judge.

Recorder Luba QC
[2013] UKEAT 0126 – 13 – RN – 2203
England and Wales

Employment, Discrimination

Updated: 18 November 2021; Ref: scu.514151