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:
Statutes:
Employment Rights Act 1996 111
Jurisdiction:
England and Wales
Citing:
Cited – Harvey 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 . .
Cited – Selkent 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:
Cited – Transport 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
