• Robert Spicer

Employment tribunals procedure: new case

EMPLOYMENT TRIBUNALS ET1 Form Amendment Case Marrufo v Bournemouth Christchurch and Poole Council [2020] UKEAT 0103/20/0312, Employment Appeal Tribunal Facts M lodged a grievance which alleged bullying by her colleagues. The grievance was rejected and she started proceedings in the employment tribunal (ET). She lodged an ET1 claim form and sent further details by email. The ET requested further information and clarification which were sent in four further emails. These were accepted as amendments to the ET1. M then sent a number of emails setting out more allegations. Two preliminary hearings were held. The ET then decided that the inclusion of the additional material would severely delay the proceedings and would overburden the claimant and the employer, and would not be in the interests of justice. M appealed to the EAT. Decision 1. The case had an extraordinarily messy history. 2. The appeal was dismissed. 3. The basic principle was that a person bringing a claim must take responsibility for formulating it. It was their claim and it was their obligation to articulate it in an ET form. 4. The claim could not be changed willy-nilly unless the ET had given permission. 5. There was no right which could be reserved to a claimant or a respondent to provide further amendments and particulars as and when they wished.

4 views0 comments

Recent Posts

See All

Disability: burden of proof

DISABILITY DISCRIMINATION Burden of proof Case Bennett v Mitac Europe Ltd EA-2020-000349-LA Facts B and his manager were employed by M. The manager became disabled, suffering from cancer. The employer

Unfair dismissal: drugs test: contributory conduct

UNFAIR DISMISSAL Contributory conduct Case Renewi UK Services v Pamment EA-2021-000584-DA Facts R tested positive for cannabis as part of a random drugs test. He was dismissed on the basis that he had

Gig economy: new case on meaning of "worker"​

WORKER Provision of services personally Case Stuart Delivery Ltd v Augustine [2021] EWCA Civ 1514, Court of Appeal Facts A worked as a courier, delivering goods by moped, for SDL from November 2016 to