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Subsequent Amendment of Claims

by Nicky

An employee who suffered chronic dermatitis and whose employment was terminated due to excessive absences from work, brought an Employment Tribunal claim in respect of his dismissal.

The employee intended to bring a claim for disability discrimination, amongst other claims, claiming that he was dismissed due to absences from work which were connected with his dermatitis. He claimed this was a disability within the meaning of the legislation. However, the claim form was completed incorrectly, and the employee later sought to rectify this mistake.

The Employment Appeal Tribunal allowed the Claimant’s claim to be amended to include a disability discrimination claim as the Claimant had referred in his original claim to his dermatitis condition, the fact that his employer would not change the material of his uniform, and as a result he had incurred further absences which resulted in his dismissal.

For further details of this case click here.

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