Options Fitted Furniture v Hendry [2000] UKEAT 1039_99_2405 (24 May 2000)

Options Fitted Furniture v Hendry [2000] UKEAT 1039_99_2405 (24 May 2000)

It is arguable that the Tribunal's decision to allow an amendment to add a claim for unfair dismissal, without an application from the applicant and without granting an adjournment, may have resulted in procedural unfairness to the respondent.

Citation
[2000] UKEAT 1039_99_2405
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
24 May 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Leave to appeal granted
Legal Topics
Amendment of Pleadings, Constructive Dismissal, Unfair Dismissal, Tribunal Procedure
Employment Law Amendment of Pleadings Constructive Dismissal Unfair Dismissal Tribunal Procedure

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal had the power to permit an amendment to add a claim for unfair dismissal when the applicant had not sought such a claim
  2. 2 Whether the Tribunal's decision to allow the amendment without granting an adjournment was fair

Ratio Decidendi

It is arguable that the Tribunal's decision to allow an amendment to add a claim for unfair dismissal, without an application from the applicant and without granting an adjournment, may have resulted in procedural unfairness to the respondent.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal is granted on the ground that the Tribunal's decision to allow the amendment may have been procedurally unfair.