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Redhead v London Borough of Hounslow - Application to amend and "balance of hardship" test [2012] EAT

In deciding an application to amend, an employment tribunal must always identify and set out the hardships that allowing or refusing the amendment would cause to both parties, and then balance that hardship to decide whether or not to allow the application. 

Mrs Redhead was employed by LB Hounslow as Education Development Manager. She took out a grievance against the Assistant Director of the Council's Children's Services department, alleging victimisation and racial discrimination. Her complaints were not upheld, and so she wrote to the Council's Chief Executive Officer and the lead member for Education - such letters, she argued, amounted to a protected disclosure within the meaning of the Public Interest Disclosure Act 1998. She was subsequently disciplined over an incident at work, against which she appealed. She then presented an Employment Tribunal claim. but before that matter reached a merits hearing, she resigned and presented a further claim for constructive, unfair and wrongful dismissal.

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