De Souza and others v Carillon Services Ltd

Employment tribunal – Procedure. The employment tribunal, in considering claims made at different times by different employees, against the background of the employer having received multiple grievances which it had investigated, had allowed certain applications by employees to amend but disallowed others. The Employment Appeal Tribunal held that the tribunal's refusal of amendments to add new factual allegations could not properly be described as erroneous in law or perverse. However, the tribunal had erred in misclassifying some of the proposed amendments as new claims and had erred in its approach to proposed amendments to add claims whose facts had post-dated the original claim. Accordingly, the employees' appeal would be allowed.

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