EAT Practice and Procedure : Amendment – Striking-out/dismissal
Amendment to add claim of unfair dismissal based on constructive, rather than actual dismissal wrongly permitted. As to actual dismissal, relied on by the Claimant in Form ET1, a lesser sanction short of dismissal was applied on internal appeal. The original dismissal ‘vanished’ (see Roberts v West Coast Trains (CA)). Accordingly the claim ought to have been struck out.
Respondent’s appeal allowed on both amendment and strike-out.
Peter Clark HHJ
[2014] UKEAT 0533 – 13 – 1306
Bailii
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.536376