Source: All England Reporter
Publisher Citation: [2007] All ER (D) 199 (Jun)
Court: Employment Appeal Tribunal
Judge:

Judge Serota QC
Representation The employee appeared by her representative.
  The employer did not appear and was not represented.
Judgment Dates: 20 June 2007

Catchwords

Employment tribunal - Procedure - Complaint of unfair dismissal and breach of contract - Complaint of non-payment of holiday pay - Employee submitting grievance under statutory procedure - Employee presenting claims before expiration of 28 day period applying to grievance - Employment tribunal accepting claims of unfair dismissal and breach of contract but rejecting holiday pay claim - Following expiration of 28 day period employee seeking to amend unfair dismissal claim to add holiday pay claim - Tribunal refusing permission to amend - Whether tribunal erring - , s 32 - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, , r 1(8).

The Case

Employment tribunal Procedure. In the instant case, where the employment tribunal had refused to permit parts of the employee's claim to proceed on the basis that the time-limit for the statutory grievance procedure had not expired, the appeal tribunal ruled that, following the expiration of that period, the tribunal should have permitted the employee to amend the surviving claims, thereby negating the requirement for fresh claims to be presented.

Practice Areas

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