![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Employment Appeal Tribunal |
||
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> G W Padley Vegetables Ltd v. Theed [2002] UKEAT 0590_01_1004 (10 April 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/0590_01_1004.html Cite as: [2002] UKEAT 0590_01_1004, [2002] UKEAT 590_1_1004 |
[New search] [Printable RTF version] [Help]
At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MRS M T PROSSER
MISS C HOLROYD
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MR D BROWN (of Counsel) Instructed By: Freeth Cartwright Solicitors Willoughby House 20 Low Pavement Nottingham NG1 7EA |
For the Respondent | MR D MATOVU (of Counsel) Instructed By: Citizens Advice Bureau Medlock Voluntary Centre St Georges Road Boston Lincolnshire PE21 8YB |
JUDGE PETER CLARK:
Background
"I believe that I was unfairly dismisses by G.W. Padley, in that I was constructively dismissed from my employment with them. The reasons why I felt that I could no longer work for them and was forced to send a letter of resignation on 22nd March 2000 were:
1. During my three and a half years of employment I was subjected to a constant barrage of racial abuse by some of my co-workers
2. Although I made many complaints to my line manager these were disregarded and treated flippantly as if racial abuse were a joke.
3. I also complained to my supervisor who said I was "too sensitive to the issue" who dissuaded me from making an official complaint because management would agree with her.
4. I know that Padley's have a written policy about racial abuse, but they have never taken any steps to implement that policy be reprimanding anyone.
5. I have witnesses who would be prepared to testify to specific cases of verbal abuse."
The Tribunal Decision
(i) amendments to the Originating Application which are merely designed to alter the basis of an existing claim, but without purporting to raise a new distinct head of claim
(ii) amendments which add or substitute a new cause of action but one which is linked to, or arises out of the same facts as, the original claim, and
(iii) amendments which add or substitute a wholly new claim or causes of action which is not connected to the original claim at all.
The Appeal