Source: All England Reporter
Publisher Citation: [2002] All ER (D) 105 (Dec)
Court: Employment Appeal Tribunal

Recorder Underhill QC, Mr T Haywood and Mr G Wright

Representation Nicola Braganza (instructed by Atkins Hope, Croydon) for the employee.
  Drjen Basu (instructed by Legal Services, Lambeth Borough Council) for the employer.
Judgment Dates: 26 September 2002


Employment - Employment tribunal - Procedure - Amendment of application - Sufficiency of reasons for disallowing amendment.

The Case

The Employment Appeal Tribunal had the power to dismiss an appeal notwithstanding an error of law by an employment tribunal had occurred, if it was satisfied that the decision of the tribunal had been right. That was a power to be used sparingly, and could not be used in circumstances where to do so would have involved the appeal tribunal deciding issues of fact, or other issues which were appropriately matters for a tribunal. In the instant case, a decision by a tribunal to disallow to the full extent an amendment to a complaint would stand, since although it had been insufficiently reasoned it was reasonably apparent, albeit understated, what the tribunal's reasons for its decision had been, those reasons and had been entirely legitimate and correct.

Practice Areas

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