Workplace Report (October 2010)

Law - Tribunal procedures

Employment tribunals —the key developments

• When deciding whether to allow an amendment to introduce a new claim, the tribunal will look at the likely effect the amendment would have on case preparation, in particular the extra burden, length and cost of the proceedings (case 1).

• The tribunal has a wide discretion to order a stay of proceedings, and its decisions will rarely be interfered with. A stay is likely to be ordered where the police are engaged in an on-going criminal investigation of the underlying facts. However, any stay is likely to be time-limited rather than indefinite (case 2).

Case details are available at www.employmentappeals.gov.uk (EAT) and www.bailii.org (Court of Appeal). Call 020 8686 9141 for details of the journal Industrial Relations Law Reports (IRLR).


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