GFTU Emplaw Emplaw Emplaw

Olayemi v (1) Athena Medical Centre (2) Okoreaaffia & Others - No error of law in refusal to allow amendment to claim [2011] EAT

A good example of the factors to be taken into account by an Employment Judge considering an application to amend a claim, with a reminder that employment tribunals, and not the EAT, are best placed to make case management decisions.

Dr Olayemi brought claims against Athena Medical Centre and its senior doctor Dr Okoreaaffia for sex discrimination, breach of contract, unlawful deduction of wages, claims about unpaid holiday pay and other monies , and unfair dismissal. All her claims were consolidated by the employment tribunal, and there followed a Case Management Discussion (CMD), agreement of a list of issues, and further directions. After all this, but before the hearing commenced, Dr Olayemi wrote to the tribunal indicating that she wishes to add a claim for detriment suffered, and automatically unfair dismissal, as a result of making a protected disclosure

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.