The Employment Appeal Tribunal dismissed the Claimant’s appeal against the Employment Tribunal’s decision that certain paragraphs of further particulars of claim provided by the Claimant pursuant to an earlier order of the Employment Tribunal were new matters which required an application to amend to be made, rather than further particulars of the claim already made. However, the Claimant’s appeal against the Employment Tribunal’s decision to refuse permission to amend in respect of those paragraphs was allowed. When determining the application to amend, the Employment Tribunal had treated the fact that the Claimant was raising new allegations as decisive rather than balancing the relative injustice and hardship of allowing or refusing the amendments (Vaughan v Modality Partnership  IRLR 97 considered and applied). The application to amend was remitted to a differently constituted Employment Tribunal for rehearing.
 UKEAT 2019-001028
England and Wales
Updated: 20 November 2021; Ref: scu.668431