EAT PRACTICE AND PROCEDURE – Amendment
The Employment Tribunal erred in refusing to allow a new claim (disability discrimination) by way of amendment when it considered the evidence already exchanged. By definition, since this was not a mere relabelling, the evidence was not directed to the new claim and so the Employment Tribunal was wrong to include its assessment of the weakness of that claim in its exercise of discretion under Selkent. In any event it was wrong to hold that the Claimant had produced no such evidence, when he plainly had. The Employment Tribunal did not cite the Claimant’s argument or consider prejudice to him.
Remitted to the same Employment Tribunal to hear again now with an order for the Claimant to provide evidence on the disability claim.
Judges:
McMullen QC
Citations:
[2012] UKEAT 0132 – 12 – 2604
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 November 2022; Ref: scu.462920