Maley v. Royal Mail Group Limited [2008] UKEAT 0232_08_0207 (2 July 2008)

Maley v. Royal Mail Group Limited [2008] UKEAT 0232_08_0207 (2 July 2008)

Employment Judge Moore was wrong to refuse leave to amend ET1 on grievance procedure grounds; statutory grievance procedures do not apply where dismissal is the grievance; amendment arises from same facts and should be allowed.

Citation
[2008] UKEAT 0232_08_0207
Parties
Appellant: Mr Maley; Respondent: Royal Mail Group Ltd
Jurisdiction
United Kingdom
Judgment Date
02 July 2008
Procedural Posture
Employment Appeal / Appeal Against Refusal to Amend ET1
Outcome
Appeal allowed
Legal Topics
Statutory Grievance Procedures, Reasonable Adjustments, Unfair Dismissal, Amendment of Claim, Time Limits
Employment Law Disability Discrimination Statutory Grievance Procedures Reasonable Adjustments Unfair Dismissal Amendment of Claim Time Limits

Case Brief

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Parties

Mr Maley

Appellant

Royal Mail Group Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Amend ET1

Legal Issues

  1. 1 Whether statutory grievance procedures apply where dismissal is the grievance
  2. 2 Whether leave to amend ET1 to include disability discrimination claim should be granted
  3. 3 Whether amendment is time-barred

Ratio Decidendi

Employment Judge Moore was wrong to refuse leave to amend ET1 on grievance procedure grounds; statutory grievance procedures do not apply where dismissal is the grievance; amendment arises from same facts and should be allowed.

Court Disposition

Appeal allowed

Orders

  • Leave to amend ET1 granted
  • Case remitted to Employment Tribunal for hearing on merits