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Employment tribunal – Procedure. The employment tribunal refused the employer's application to strike out the employee's complaint of unfair dismissal and permitted the employee to amend his claim to include a complaint of unfair dismissal, based on constructive dismissal as opposed to actual dismissal. The Employment Appeal Tribunal, in allowing the employer's appeal, held, inter alia, that the tribunal had erred in mischaracterising the proposed amendment as a re-labelling exercise when it had been a new cause of action based on facts originally pleaded, raised out of time and at the last minute. Accordingly, permission to amend the claim would be refused and the claim, as originally formulated, would be struck out on the basis that the tribunal had had no jurisdiction to entertain it.
Employment tribunal – Procedure. The employment tribunal refused the employer's application to strike out the employee's complaint of unfair dismissal and permitted the employee to amend his claim to include a complaint of unfair dismissal, based on constructive dismissal as opposed to actual dismissal. The Employment Appeal Tribunal, in allowing the employer's appeal, held, inter alia, that the tribunal had erred in mischaracterising the proposed amendment as a re-labelling exercise when it had been a new cause of action based on facts originally pleaded, raised out of time and at the last minute. Accordingly, permission to amend the claim would be refused and the claim, as originally formulated, would be struck out on the basis that the tribunal had had no jurisdiction to entertain it.
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