amendment of claim
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Readman v Devon Primary Care Trust UKEAT/0116/11/ZT
Application by the respondent for permission to amend the Notice of Appeal to be set aside. Application refused.
- cases
07/10/2011 14:21
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Olayemi v Athena Medical Centre & Ors UKEAT/0613/10/ZT
Appeal against the refusal to allow a late application to enlarge a claim of sex discrimination and unfair dismissal by adding a claim of automatic unfair dismissal by reason of making protected disclosures. Appeal dismissed.
- cases
17/06/2011 18:15
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Prest & Ors v Mouchel Business Services Ltd & Anor UKEAT/0604/10/DA
Appeal against rulings that 1) the introduction of new comparators in an equal pay claim constituted a new cause of action and therefore the ‘arrears date’ was the date of the institution of these new proceedings; and 2) reg 5 of TUPE said that the claimants were not entitled to the benefit of any subsequent increase in pay following the transfer. Appeal on the first issue allowed. The second issue was stayed pending the decision of the Supreme Court in Alemo-Harron.
- cases
15/05/2011 11:02
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Queensway Surgery v Jayatilaka UKEAT/0046/11/SM
Appeal by respondent against decision to allow amendment of ET1 to include disability discrimination claims. Appeal allowed in part.
- cases
26/04/2011 14:07
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St Aubyn v Willis UKEAT/0543/09/ZT
Appeal against decision by the ET which gave leave to amend the respondent on his ET1 in a redundancy case. Appeal allowed.
- cases
27/01/2011 17:22
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Margarot Forrest Care Management v Kennedy UKEATS/0023/10/BI
Appeal against an order of the ET that the claimant could amend her ET1. Appeal allowed and case remitted to a fresh Tribunal.
- cases
27/01/2011 17:16
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Anderson v Network Rail Infrastructure Ltd UKEATS/0056/09/BI
Appeal against refusal by the ET to allow an amendent of the claimant's ET1 which attempted to include a complaint contrary to an earlier statement that the claim was limited to one specified complaint only. Appeal dismissed.
- cases
05/10/2010 16:12
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Newsquest (Herald & Times) Limited v Keeping UKEATS/0051/09/BI
Appeal by respondents against decision by Employment Judge to amend a claim to introduce a fresh equal pay claim in circumstances where there was no explanation for lateness but the judge had concluded that the time-bar was not in issue. The appeal was allowed partly because the judge had considered the wrong date. If she had considered the correct date she would have found that a time-bar arose and it would not have been open to her allow the amendment.
- cases
05/10/2010 16:11
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New Star Asset Management Holdings Ltd v Evershed [2010] EWCA Civ 870
Appeal by the respondent, in a claim alleging constructive unfair dismissal, against an order by the EAT judge overturning the Employment Judge’s decision not to allow an amendment of the claimant’s ET1. Appeal dismissed.
- cases
30/07/2010 10:39
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Scottish Opera Ltd v Winning UKEATS/0047/09/BI
Appeal by employer against decision that the claimant should be allowed to amend his claim from a pleading of unfair dismissal to failure to make reasonable adjustments under the DDA 1995, in circumstances where the claimant had suffered a seizure that prevented him from carrying out his driving duties. The employer had argued that the claim was debarred as the claimant had not lodged a corresponding grievance but the EAT upheld the Tribunal decision that the grievance procedure did not apply.
- cases
28/07/2010 10:18
