W v Interserve Group Ltd & Ors

W v Interserve Group Ltd & Ors

The claimant's particulars of claim, read fairly and as a whole, sufficiently pleaded reliance on protected disclosures made to a previous employer and/or its agents. The tribunal erred in finding otherwise and in refusing to include those disclosures in the list of issues for trial. Permission to amend was not required.

Parties
Appellant: W; Respondent: Interserve Group Limited; Respondent: Mr P Macfarlane; Respondent: Tilbury Douglas Construction Limited; Respondent: Mr J Nolan; Respondent: Ms J Warrack; Respondent: Cadman HR Limited; Respondent: Ms D Cadman
Jurisdiction
England and Wales
Judgment Date
09 June 2024
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Protected Disclosures, Unfair Dismissal, Detrimental Treatment, Amendment of Pleadings, Case Management
Employment Law Protected Disclosures Unfair Dismissal Detrimental Treatment Amendment of Pleadings Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

W

Appellant

Interserve Group Limited

Respondent

Mr P Macfarlane

Respondent

Tilbury Douglas Construction Limited

Respondent

Mr J Nolan

Respondent

Ms J Warrack

Respondent

Cadman HR Limited

Respondent

Ms D Cadman

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's particulars of claim sufficiently pleaded reliance on protected disclosures made to a previous employer and/or its agents
  2. 2 Whether permission to amend was required to include those disclosures in the list of issues
  3. 3 Whether the tribunal erred in refusing permission to amend and/or in striking out part of the claim

Ratio Decidendi

The claimant's particulars of claim, read fairly and as a whole, sufficiently pleaded reliance on protected disclosures made to a previous employer and/or its agents. The tribunal erred in finding otherwise and in refusing to include those disclosures in the list of issues for trial. Permission to amend was not required.

Court Disposition

appeal allowed

Orders

  • The claimed protected disclosures to the previous employer and/or its agents are to be added to the list of issues for trial in the employment tribunal.
  • The matter is to proceed to a full merits hearing on the basis that these disclosures are included among the issues to be adjudicated.