- Mischaracterisation was exceptional case allowing new point on appeal (MoD v Dixon)
- Original news
- What is the impact of this judgment?
- What is the relevant background law?
- Notice of dismissal
- Unfair dismissal time limit
- Making amendments to the claim
- Appeals on new points of law or points conceded below
- What were the facts?
- What did the Employment Appeal Tribunal decide?
- Case details
Employment analysis: The fact that the respondent had mischaracterised the claimant’s case (as already including an unfair dismissal claim) and that had led the employment tribunal not to deal with the claimant’s application (to amend to add that claim), and then sought to take a jurisdictional point against the case they had themselves identified (failing to draw the tribunal’s attention to the earlier proposed amendment, which might have avoided the jurisdictional problem the respondent had belatedly raised), was an exceptional case which justified allowing a new point to be taken by the claimant on appeal concerning that amendment. The decision whether to permit that amendment when the cause of action post-dated the original claim should be left to the tribunal, to be determined on Selkent principles, according to the EAT.
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