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Error of law: decision based on material misapprehension of material fact (News, 13 August 2014)

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Published on: 13 August 2014

Published by a LexisNexis Employment expert

Table of contents

Impact of this judgment
Relevant background law
The facts and ET decision
The EAT judgment

Article summary

In the employment tribunal’s exercise of its discretion to allow amendment of an ET1 claim form, an error of law may, exceptionally, occur where (1) the employment judge makes a material misapprehension of material fact, (2) the ensuing discussion and decision builds on the error, and (3) the error is part and parcel of the employment judge’s decision as to the way in which the discretion should be exercised. Amendment of the ET1 may nonetheless be allowed where there is a close factual relationship between the claims which outbalances the degree of prejudice to the respondents. EAT: The Secretary of State for Health v Vaseer.

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