MacKay v Hanna (t/a Blakes Newsagents) [2007] UKEAT 0181_07_2006 (20 June 2007)

MacKay v Hanna (t/a Blakes Newsagents) [2007] UKEAT 0181_07_2006 (20 June 2007)

Where a claim form has been validly accepted for causes of action not caught by Section 32(2) of the Employment Act 2002, the Tribunal has jurisdiction to permit amendment to add further causes of action (such as holiday pay) after the statutory grievance period has elapsed, provided the amendment does not undermine the statutory purpose of requiring prior compliance. The appeal is allowed and the Tribunal should have permitted the amendment.

Citation
[2007] UKEAT 0181_07_2006
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
20 June 2007
Procedural Posture
Employment Appeal Tribunal / Full Hearing of Appeal From Employment Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Practice and Procedure, Amendment of Claim, Pre Action Requirements, Statutory Grievance Procedure, Jurisdiction, Unfair Dismissal, Holiday Pay, Age Discrimination
Employment Law Practice and Procedure Amendment of Claim Pre Action Requirements Statutory Grievance Procedure Jurisdiction Unfair Dismissal Holiday Pay +1 more

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Full Hearing of Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether an Employment Tribunal has jurisdiction to permit amendment of a claim form to add a cause of action (holiday pay) after the statutory grievance period has elapsed when the original claim was presented prematurely.
  2. 2 Whether the decision in London Borough of Hounslow v Miller should be followed regarding amendments after expiry of time limits under Section 32(2) of the Employment Act 2002.

Ratio Decidendi

Where a claim form has been validly accepted for causes of action not caught by Section 32(2) of the Employment Act 2002, the Tribunal has jurisdiction to permit amendment to add further causes of action (such as holiday pay) after the statutory grievance period has elapsed, provided the amendment does not undermine the statutory purpose of requiring prior compliance. The appeal is allowed and the Tribunal should have permitted the amendment.

Court Disposition

Appeal allowed

Orders

  • Employment Tribunal should allow amendment of the existing claim form to add a claim for holiday pay.