amendment of claim
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Newsquest (Herald & Times) Limited v Keeping UKEATS/0051/09/BI
Appeal by respondents against decision by Employment Judge to amend a claim to introduce a fresh equal pay claim in circumstances where there was no explanation for lateness but the judge had concluded that the time-bar was not in issue. The appeal was allowed partly because the judge had considered the wrong date. If she had considered the correct date she would have found that a time-bar arose and it would not have been open to her allow the amendment.
- cases
05/10/2010 16:11
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New Star Asset Management Holdings Ltd v Evershed [2010] EWCA Civ 870
Appeal by the respondent, in a claim alleging constructive unfair dismissal, against an order by the EAT judge overturning the Employment Judge’s decision not to allow an amendment of the claimant’s ET1. Appeal dismissed.
- cases
30/07/2010 10:39
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Scottish Opera Ltd v Winning UKEATS/0047/09/BI
Appeal by employer against decision that the claimant should be allowed to amend his claim from a pleading of unfair dismissal to failure to make reasonable adjustments under the DDA 1995, in circumstances where the claimant had suffered a seizure that prevented him from carrying out his driving duties. The employer had argued that the claim was debarred as the claimant had not lodged a corresponding grievance but the EAT upheld the Tribunal decision that the grievance procedure did not apply.
- cases
28/07/2010 10:18
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Evershed v New Star Asset Management [2009] EWCA Civ 1444
Application for permission to appeal refusal to allow the claimant to amend his ET1 form, out of time, so that the claim became one concerning protected disclosure rather than that of constructive dismissal. Permission granted.
- cases
20/01/2010 13:49