EAT PRACTICE AND PROCEDURE – Amendment
JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
Judge refused permission to Claimant to amend claim form to include claim under s. 103A of Employment Rights Act 1996
Held that Judge erred in law by failing properly to analyse the extent to which the proposed amendment would extend the scope of the issues and the evidence – Amendment permitted, applying the approach in Selkent – observations on relevance of fact that claim under s. 103A had not been explicitly covered by a grievance under the statutory procedure.
Citations:
[2009] UKEAT 0249 – 09 – 3107
Links:
Citing:
Cited – Shergold 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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 30 July 2022; Ref: scu.372605