West v. Webperform Group Ltd [2003] UKEAT 0445_03_0910 (9 October 2003)

The proposed amendment constituted a category 3 amendment, raising a wholly new cause of action unconnected with the original claim, and no error of law or procedural misconduct was established.

Citation: [2003] UKEAT 0445_03_0910
Parties: Applicant: Mr West; Respondent: Webperform Group Ltd
Jurisdiction: United Kingdom
Judgment Date: 09 October 2003
Procedural Posture: Employment Appeal Tribunal / Rule 3(10) Application Ex Parte
Outcome: Application dismissed
Legal Topics: Unfair Dismissal, Breach of Contract, Amendment of Pleadings, Procedural Misconduct

Employment Law Unfair Dismissal Breach of Contract Amendment of Pleadings Procedural Misconduct

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2

Parties

Mr West

Applicant

Webperform Group Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Rule 3(10) Application Ex Parte

Legal Issues

1 Whether permission should be granted to amend the claim to include automatically unfair dismissal under section 104 Employment Rights Act 1996
2 Whether there was procedural misconduct by the Chairman

Ratio Decidendi

The proposed amendment constituted a category 3 amendment, raising a wholly new cause of action unconnected with the original claim, and no error of law or procedural misconduct was established.

Court Disposition

Application dismissed

Orders

Registrar's Direction affirmed
No permission to amend claim