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Margarot Forrest Care Management v Kennedy - ET wrong to draft claimant's amended claim for her [2010] EAT

An Employment Tribunal does not have discretion to draft an amendment to a Claim Form on behalf of a claimant; an amendment adding a new claim should not be allowed where the respondent had no notice of the claim, the claimant did not explain its late filing and the respondent is not given the opportunity to respond to the new wording.

Margarot Forrest Care Management run a nursing and care home service. Miss Kennedy was dismissed by MFCM in January 2009 after having been employed for less than one year. Miss Kennedy filed a claim at Glasgow Employment Tribunal for wrongful dismissal, alleging that she had been wrongfully dismissed after MFCM failed to followed a proper procedure for her dismissal. She also commented on a potential health and safety issue that arose during her employment - although she did not specify a protected disclosure or allegation against MFCM in her ET1, claim that she had suffered a detriment as a result of a disclosure, or link her dismissal to the health and safety comments. The alleged health and safety issue related to a car accident when Miss Kennedy was driving a MFCM vehicle.

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