Swiss Re Life and Health Ltd v A H Kay: EAT 11 Jul 2002

The claimant solicitor had alleged disability discrimination, but several months later applied to amend his claim, to include a claim for unfair dismissal. The respondent appealed permission to do so.
Held: The EAT was being asked to interfere with the exercise of a discretion, and faced a high hurdle. The tribunal should look at what the position would be if the application had been a free standing complaint, but that was not an exclusive requirement. The tribunal had been entitled to treat the words of the original complaint as an implication of a complaint for unfair dismissal. That decision could not be described as perverse.
EAT Procedural Issues – Employment Tribunal.

Judges:

Mr Recorder Langstaff QC

Citations:

EAT/680/01, [2002] UKEAT 0680 – 01 – 1107

Links:

Bailii, EAT

Statutes:

Employment Rights Act 1996 111

Jurisdiction:

England and Wales

Citing:

CitedHarvey v Port of Tilbury London Ltd EAT 10-Nov-1999
It was correct to refuse to allow an amendment before the tribunal to add another head of claim which would be out of time. The presentation of a new complaint is as time barred as if it had been made separately, although, the fact that proceedings . .
CitedSelkent Bus Co Ltd v Moore EAT 2-May-1996
The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was . .

Cited by:

CitedTransport and General Workers Union v Safeway Stores Ltd EAT 23-Mar-2007
EAT Practice and Procedure – Amendment

Safeway closed a depot, leading to a large number of redundancies. The Union alleged that consultation was inadequate. Proceedings were initially commenced claiming only . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 June 2022; Ref: scu.175482