PRACTICE AND PROCEDURE – Amendment
The Claimant, with less than two years’ service, brought a claim for unfair dismissal by reason of disability and disability discrimination. Within three months of dismissal she applied to amend by addition of a claim of unfair dismissal for whistleblowing. The application was refused on the basis, which included the Employment Judge’s assessment, that the proposed claim contradicted or diluted the existing claim based on disability; that its merits were weak; and that the balance of hardship/injustice favoured the Respondent. The appeal was allowed on the basis that it was wrong to refuse the amendment in circumstances where the application was in time; the merits were not such as to have no reasonable prospects of success; and so that the balance of hardship/injustice favoured the Claimant.
Judges:
Soole J
Citations:
[2017] UKEAT 0051 – 17 – 0606
Links:
Jurisdiction:
England and Wales
Employment
Updated: 28 March 2022; Ref: scu.591127