Queensway Surgery v Jayatilaka (Practice and Procedure : Amendment) [2011] UKEAT 0046_11_3003 (30 March 2011)

Queensway Surgery v Jayatilaka (Practice and Procedure : Amendment) [2011] UKEAT 0046_11_3003 (30 March 2011)

Permission to amend ET1 to add disability discrimination claims for period 2002-May 2009 was wrongly granted as it constituted a new cause of action and limitation issues were not addressed; permission for amendments relating to events in late May and June 2009 was properly granted as factual basis was set out and extension of time was justified.

Citation
[2011] UKEAT 0046_11_3003
Parties
Claimant: Dr Jayatilaka; Respondent: Queensway Surgery
Jurisdiction
United Kingdom
Judgment Date
30 March 2011
Procedural Posture
Employment Tribunal Appeal / Appeal Against Permission to Amend Claim
Outcome
Appeal allowed in part
Legal Topics
Constructive Unfair Dismissal, Disability Discrimination, Amendment of Pleadings, Reasonable Adjustments, Harassment
Employment Law Discrimination Law Constructive Unfair Dismissal Disability Discrimination Amendment of Pleadings Reasonable Adjustments Harassment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Dr Jayatilaka

Claimant

Queensway Surgery

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Permission to Amend Claim

Legal Issues

  1. 1 Whether permission to amend ET1 to add disability discrimination claims should be granted
  2. 2 Whether the amendment constitutes a new cause of action or a re-labelling
  3. 3 Limitation issues regarding claims for period 2002-May 2009

Ratio Decidendi

Permission to amend ET1 to add disability discrimination claims for period 2002-May 2009 was wrongly granted as it constituted a new cause of action and limitation issues were not addressed; permission for amendments relating to events in late May and June 2009 was properly granted as factual basis was set out and extension of time was justified.

Court Disposition

Appeal allowed in part

Orders

  • First and third sentences of paragraph 1 of Tribunal judgment set aside
  • Remainder of paragraph 1 and paragraphs 2 and 3 upheld