Mr C Bruce v Brett Martin Daylight Systems Ltd: 1310149/2020

JurisdictionEngland & Wales
Judgment Date04 June 2021
Date04 June 2021
Citation1310149/2020
CourtEmployment Tribunal
Published date10 June 2021
Subject MatterBreach of Contract
Case Number 1310149/2020
1
EMPLOYMENT TRIBUNALS
BETWEEN
Claimant AND Respondent
Mr C Bruce Brett Martin
Daylight Systems
Limited
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
ON AN OPEN PRELIMINARY HEARING
HELD AT Birmingham ON 4 June 2021
EMPLOYMENT JUDGE GASKELL
Representation
For the Claimant: Ms R Koser (Solicitor)
For the Respondent: Ms K Ayre (Solicitor)
JUDGMENT
1 Pursuant to Rule 29 of the Employment Tribunals (Constitution and Rules of
Procedure) Regulations 2013:
(a) The claimant is refused permission from the tribunal to amend his claim to
include Allegation 2(b) as set out in the further particulars of his claim dated 11
March 2021.
(b) The claimant is granted permission from the tribunal to amend his claim to
include Allegation 2(t) as set out in the further particulars of his claim dated 11
March 2021
2 For the avoidance of doubt, the amendment at Paragraph 1(b) above is allowed.
But the tribunal has made no finding as to whether it has jurisdiction to hear the claim in
Allegation 2(t). It is for the panel at the Final Hearing to determine whether that claim
was presented in time or whether time should be
extended.
NOTE
3 This case has already been comprehensively case managed by Employment
Judge Meichen at a Hearing on 21 February 2021; it is listed for Final Hearing in
January 2022. Judge Meichen ordered the claimant to provide further particulars of his
claim and listed todays Hearing to determine any consequential application to amend
the claim and any objections thereto. Once the further particulars were available,
respondent indicated objections to Allegations 2(b) and 2(t). The claimant conceded that
to proceed with those Allegations, permission would be needed from the tribunal for an
amendment to the claim. I have heard and determined the amendment applications as
set out above. The further particulars of claim also make clear that for the Allegations

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