Evershed v. New Star Asset Management (Rev 1) [2009] UKEAT 0249_09_3107 (31 July 2009)

Evershed v. New Star Asset Management (Rev 1) [2009] UKEAT 0249_09_3107 (31 July 2009)

The Employment Judge erred in law by failing to properly analyse whether the amendment would require wholly different evidence and by giving undue weight to the absence of a grievance and potential prejudice. The amendment to include a s.103A claim should be permitted as it does not substantially extend the factual...

Source-derived case information.

Citation
[2009] UKEAT 0249_09_3107
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
31 July 2009
Procedural Posture
Employment Appeal / Appeal Against Refusal to Amend Claim Form
Outcome
Appeal allowed
Legal Topics
Amendment of Claim, Protected Disclosure, Constructive Dismissal, Unfair Dismissal, Jurisdictional Requirements, Employment Rights Act 1996 S.103 a, Employment Act 2002 Grievance Procedure
Employment Law Amendment of Claim Protected Disclosure Constructive Dismissal Unfair Dismissal Jurisdictional Requirements Employment Rights Act 1996 S.103 a Employment Act 2002 Grievance Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Amend Claim Form

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing permission to amend the claim to include a claim under s.103A of the Employment Rights Act 1996
  2. 2 Whether the proposed amendment would require wholly different evidence
  3. 3 Whether failure to lodge a grievance regarding the new claim was fatal to the amendment

Ratio Decidendi

The Employment Judge erred in law by failing to properly analyse whether the amendment would require wholly different evidence and by giving undue weight to the absence of a grievance and potential prejudice. The amendment to include a s.103A claim should be permitted as it does not substantially extend the factual inquiry and was sought at an early stage.

Court Disposition

Appeal allowed

Orders

  • Permission granted to amend the claim form to include a claim under s.103A of the Employment Rights Act 1996