Source: All England Reporter
Publisher Citation: [2007] All ER (D) 14 (Jun)
Court: Employment Appeal Tribunal

Underhill J

Representation Paul Rose QC (instructed by Thompsons, Bristol) for the union.
  Andrew Stafford QC (instructed by Gordons LLP, Leeds) for the employer.
Judgment Dates: 6 June 2007


Employment tribunal - Procedure - Pleading - Application for permission to amend - Claim for breach of statutory consultation obligations not included in original claim form - Primary time limits expiring prior to lodging of amended pleading - Exercise of discretion - Whether permission to amend should be granted.

The Case

Employment tribunal Procedure. It was settled law that an employment tribunal had a discretion to allow an amendment which introduced a new claim out of time. In the instant case the union would be granted permission to amend its pleading in the manner proposed.

Practice Areas

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