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Walsall MBC & Anor v Birch & Ors - tribunal's discretion to allow amendments to add an out-if-time claim

Strict time limits apply to a TUPE claim made against a transferee where the claim relates to a breach of the equality clause by the transferor, but even so an Employment Tribunal has discretion to allow an amendment introducing a new claim out of time. When such an application to amend is made, the tribunal must apply the “Selkent principles” in exercising its discretion.

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