Claimant v West Midlands Fire Service
Outcome
Individual claims
This is a preliminary hearing on an application to amend. The unfair dismissal claim was originally pleaded on 3 April 2024 and remains live. The substantive merits have not yet been heard.
The claimant subsequently withdrew the discrimination aspects of her claim as confirmed in correspondence dated 23 August 2024.
The claimant's application to amend her claim to include wrongful dismissal in respect of unpaid notice pay was granted at this preliminary hearing. The tribunal found the claim arose from the same factual matrix as the unfair dismissal claim. The substantive merits have not yet been heard.
Facts
Mrs Lawson was employed as a firefighter by West Midlands Fire Service from 13 March 2020 until her dismissal without notice for gross misconduct confirmed by letter on 8 January 2024. She filed an ET1 on 3 April 2024 claiming unfair dismissal and disability discrimination, having been unrepresented at that time but with trade union support. She later instructed representatives who withdrew the disability claim and applied on 23 August 2024 to amend to include a wrongful dismissal claim for unpaid notice pay. The respondent contested the amendment application.
Decision
Employment Judge Walker granted the claimant's application to amend her claim to include wrongful dismissal. The tribunal found the wrongful dismissal claim arose from the same factual matrix as the existing unfair dismissal claim - namely the respondent's decision to dismiss for gross misconduct. The tribunal concluded that granting the amendment would not affect witness requirements or time estimates, the application was made promptly after representation was instructed, and the balance of hardship and injustice favoured allowing the amendment.
Practical note
An amendment to add a wrongful dismissal claim will be permitted where it arises from the same facts already pleaded (summary dismissal for gross misconduct), even if not originally mentioned in the ET1, particularly where the claimant was unrepresented and the amendment is sought promptly after representation is instructed.
Legal authorities cited
Case details
- Case number
- 1304185/2024
- Decision date
- 11 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- West Midlands Fire Service
- Sector
- emergency services
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- firefighter
- Service
- 4 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor