Is the employment tribunal required, when deciding whether to give permission to amend a claim to add a new claim which may be out of time, to decide the ‘time point’?
Not necessarily, according to the EAT in Galilee v Commissioner of Police for the Metropolis.
An amended claim takes effect from the date when permission is granted, not the date of the original claim.
Therefore, granting permission to amend does not deprive the employer of the right to argue that the claim is out of time.
Further, it is not necessary to decide if the claim is out of time when deciding whether to grant permission to amend, save in clear cases. Permission to amend can be granted subject to the time point being decided at a later stage or the decision whether to grant permission can be deferred to the full hearing