Practice and Procedure – Amendment
The Employment Tribunal erred in failing properly to consider whether the Claimant below (the Respondent to the appeal) had included an allegation that he was subjected to unjustified direct age discrimination in relation to pay in his ET1 claim form, and, if not, whether to exercise its judicial discretion to allow an amendment.
On the Claimant accepting that the claim form and narrative attached had not referred to an age discrimination pay complaint; the issue is remitted back to the Tribunal to consider whether to grant the Claimant’s application for an amendment to enable the pay complaint to be considered.
Whilst there is no loss of confidence in the professionalism of the original Tribunal, given that the Full Merits Hearing is listed for hearing in December this year, the case is remitted to a differently constituted Tribunal for simplicity of listing, to minimise delay and avoid the risk of postponement of the substantive hearing.
Citations:
[2018] UKEAT 0161 – 18 – 0808
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 May 2022; Ref: scu.625450