Claimants don't need to issue new forms for new claims

If a claimant issues a tribunal claim and the grounds for a new claim later come to light, the tribunal can allow him/her to present the new claim as an amendment to the original claim form rather than requiring a new form to be submitted.

That was the decision of the EAT in the case of Mr Prakash, a worker on a fixed-term contract who claimed unfair dismissal after being dismissed for misconduct. He also lodged an appeal with his employer which proved successful - but the appeal hearing took place after the date when his fixed-term contract would have expired anyway, so he was not reinstated.

Prakash argued that, with his dismissal overturned, his contract should have been extended to the date of the appeal hearing. He applied to amend his unfair dismissal claim to give this as his date of dismissal.

Although the EAT agreed in principle that a tribunal can allow a claimant to amend an existing claim if a new claim arises, this did not help Prakash - the EAT said his contract could not be extended beyond its fixed-term expiry date.

Prakash v Wolverhampton City Council UKEAT 0140/06