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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