Source: All England Reporter
Publisher Citation: [2006] All ER (D) 65 (Nov)
Court: Employment Appeal Tribunal

Judge Richardson, Mr D Evans and Mr J Shrigley

Representation Susheel Bellara (instructed by Fadiga & Co Solicitors) for the employee.
  Piers Martin (instructed by Lyons Davidson, Surrey) for the employer.
Judgment Dates: 23 October 2006


Employment tribunal - Procedure - Complaint of unfair dismissal - Presentation of complaint to tribunal - Application to amend claim form - Whether tribunal erring in refusing amendment.

The Case

Where an employee appealed against the decision of the employment tribunal, which refused an application to amend a claim form so as to explicitly include a claim under s103(A) of the the Employment Appeal Tribunal would allow the appeal. The tribunal's error in characterising the amendment as raising a substantive amendment to the original claim outside time limits was an error of law.

Practice Areas

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