Duffin v. Deloitte and Touche Wealth Management Ltd [2003] UKEAT 0453_03_2409 (24 September 2003)

Duffin v. Deloitte and Touche Wealth Management Ltd [2003] UKEAT 0453_03_2409 (24 September 2003)

The amendment sought by the Applicant constituted a new complaint under section 103A Employment Rights Act 1996, which was presented out of time and lacked the necessary causative link and factual allegations required by statute and case law. The Tribunal Chairman's exercise of discretion and balancing of hardship and prejudice was unimpeachable and consistent with legal principles.

Citation
[2003] UKEAT 0453_03_2409
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
24 September 2003
Procedural Posture
Employment Appeal / Appeal Against Tribunal Chairman's Refusal to Allow Amendment
Outcome
Appeal dismissed
Legal Topics
Amendment of Originating Application, Constructive Dismissal, Protected Disclosure, Unfair Dismissal, Tribunal Procedure
Employment Law Amendment of Originating Application Constructive Dismissal Protected Disclosure Unfair Dismissal Tribunal Procedure

Case Brief

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Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Tribunal Chairman's Refusal to Allow Amendment

Legal Issues

  1. 1 Whether the Employment Tribunal Chairman erred in refusing to allow amendment to include a claim under protected disclosure (PIDA)
  2. 2 Whether the amendment constituted a new complaint or a minor amendment
  3. 3 Whether the claim was presented within the statutory time limit

Ratio Decidendi

The amendment sought by the Applicant constituted a new complaint under section 103A Employment Rights Act 1996, which was presented out of time and lacked the necessary causative link and factual allegations required by statute and case law. The Tribunal Chairman's exercise of discretion and balancing of hardship and prejudice was unimpeachable and consistent with legal principles.

Court Disposition

Appeal dismissed

Orders

  • The case will proceed as an unfair dismissal complaint without the protected disclosure feature.