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The Employment Appeal Tribunal dismissed an appeal against findings on protected disclosures, health and safety dismissal, statutory rights, and wages.
The tribunal erred in law by categorising the claimant's amendment as a new complaint rather than a re-labelling of facts already pleaded. No reasonable tribunal, properly directing itself, could have concluded that the claimant was raising an entirely new complaint. This error tainted the balancing exercise required by Selkent and led to consideration of irrelevant factors such as time limits. The amendment should have been considered as a re-labelling, and the refusal was perverse.
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