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Employment tribunal – Procedure. The employment tribunal had permitted the employee to amend her claim to plead that her dismissal had been automatically unfair because the sole or principal reason for her dismissal had been a transfer of undertaking or a reason connected with the transfer. The Employment Appeal Tribunal (EAT), in allowing the employer's appeal, found that the tribunal had erred in its finding that the employee's claim had attached a different label to the same facts already pleaded. However, the EAT, in exercising its discretion, held that the amendment would, nonetheless, be permitted.
Employment tribunal – Procedure. The employment tribunal had permitted the employee to amend her claim to plead that her dismissal had been automatically unfair because the sole or principal reason for her dismissal had been a transfer of undertaking or a reason connected with the transfer. The Employment Appeal Tribunal (EAT), in allowing the employer's appeal, found that the tribunal had erred in its finding that the employee's claim had attached a different label to the same facts already pleaded. However, the EAT, in exercising its discretion, held that the amendment would, nonetheless, be permitted.
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