Source: All England Reporter
Publisher Citation: [2013] All ER (D) 238 (Jan)
Court: Employment Appeal Tribunal

Langstaff J

Representation Paul Draycott (instructed by Russell Jones & Walker Solicitors) for the employee.
  Richard Powell (instructed by Shoosmiths Solicitors) for the employer.
Judgment Dates: 17 October 2012


Employment tribunal - Procedure - Claim - Employee bringing claim for unfair dismissal and discrimination - Employee subsequently advancing further and better particulars of claim complaining of, inter alia, harassment and indirect discrimination - Employment tribunal refusing amendments in part - Whether amendment should have been allowed in order to comply with European law - Whether amendments merely altering basis of existing claim - Council Directive (EC) 2000/78 - European Convention on Human Rights, art 14.

The Case

Employment tribunal Procedure. The Employment Appeal Tribunal (EAT) considered an appeal by an employee against the refusal of the tribunal judge to allow him to amend his claim. The EAT held, inter alia, that there had been no error in the judge concluding that the balance of prejudice was one which lay in favour of the employer and against the amendments which were in issue.

Practice Areas

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