Employment Cases Update

Jumbo v Zonal Retail Data Systems UKEAT/0275/19/LA

Date published: 19/05/2020

Appeal against the ET’s refusal of the Claimant’s application to amend his claim. Appeal allowed.

The Claimant, who was dismissed by the Respondent for gross misconduct, brought claims in the ET of unfair dismissal and disability discrimination. By letter, he applied to amend his claim to include additional complaints, having taken legal advice, relating to victimisation, holiday pay, direct discrimination and wrongful dismissal. The ET refused the Claimant's application to amend his claim, largely on the basis that the proposed amendments "had no link to the facts initially included in the claim form". The Claimant appealed.

The EAT held that the ET's failure to properly identify and weigh the competing factors, such as to demonstrate that it had correctly carried out the legal test before it, amounted to an error of law; further, in relation to the wrongful dismissal claim, the EAT considered that the ET erred in law in placing so much weight on the legal advice when the information before it on the scope of that advice was so limited. Accordingly, the matter would be remitted for hearing by an ET whose composition would be determined by the Regional Employment Judge.

Read the full text of the judgment on BAILII or download the file by clicking the link below.