An employment tribunal has no jurisdiction to consider a complaint which has not been pleaded at all. However, the failure to include a matter in Further & Better Particulars, even where these have been ordered to set out the complete allegations in the case, does not deprive the tribunal of jurisdiction to consider that matter provided it was an allegation in the original claim. The Respondent's remedy is to apply to strike out that part of the claim for failure to comply with the order to provide F&BPs.
Amin v Wincanton Group Ltd - failure to provide full F&BPs does not go to the tribunal's jurisdiction.
EAT - 25/01/12
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