EAT Practice and Procedure – Striking-out/dismissal
Amendment
When making her assessment of the question whether the Claimant’s claims of discrimination arising from disability and wrongful dismissal had no or little reasonable prospect of success, the Employment Judge did not address the question whether, in the light of the Claimant’s repeated lies to her colleagues as well as her initial lie in order to obtain leave, dismissal was a proportionate means of achieving a legitimate aim and/or justified as a matter of common law. Deposit orders imposed.
The Employment Judge ought to have refused permission to amend a reasonable adjustments claim. On analysis, the PCP put forward by the amendment was unsustainable. In other respects the Employment Judge did not err in law in relation to amendments.
David Richardson HHJ
[2014] UKEAT 0005 – 14 – 2107
Bailii
England and Wales
Employment
Updated: 21 December 2021; Ref: scu.536686