The Claimant’s claim on a proper construction always included a claim for unfair dismissal based on protected disclosures, which appeared to be in time. In such a case the cause of action is unfair dismissal, not the making of protected disclosures. The ET therefore erred in law by treating the addition of further particulars of protected disclosures as an application to amend the claim by adding a new cause of action out of time.
Citations:
[2020] UKEAT 0308 – 19 – 1211
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 November 2022; Ref: scu.661660
