E.ON Control Solutions Ltd v Caspall UKEAT/0003/19/JOJ

Appeal against the ET’s judgment permitting an amendment to the Claimant’s claim form, to alter the ACAS early conciliation (“EC”) number. Appeal allowed.

The Claimant presented a claim in the ET, alleging unfair dismissal and unauthorised deductions from wages, but it gave an incorrect EC number (relating to a different Claimant and a different claim). In deciding the claim, the ET considered that it was clearly in line with the overriding objective and the general principle of access to justice to allow the Claimant's application to amend so that the EC number could be corrected; the error that would be corrected was one of a technical nature. The Respondent appealed, contending that (1) it was an error of law for the ET to conclude that the Claimant had made any validly instituted claim, (2) the ET further erred by purporting to use the power of amendment, allowed by r 29 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 ("ET Rules"), to abrogate the mandatory requirements of rr 10 and 12 ET Rules, and (3) the ET erred in its approach to the application to amend.

The EAT held that, in view of the Claimant's failure to include an accurate EC certificate number, the ET was wrong to treat the Claimant's error as something that could be remedied by way of amendment, and it erred in failing to comply with its obligation under r 12(2) ET Rules to reject the claim and return the claim form to the Claimant. The appeal would be allowed, and the order on appeal would include the reasons for rejecting the claim and information on the right to apply for reconsideration under r 13 ET Rules.


Published: 29/07/2019 13:48

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