A successful result in the Employment Appeal Tribunal for Paras Gorasia and Amritpal Bachu in Furbacher v London Borough of Barking and Dagenham Council [2026] EAT 117.
The EAT has allowed Ms Furbacher’s appeal against the Employment Tribunal’s refusal to permit amendments to her claim. The case concerned the amendment of an existing whistleblowing/unfair dismissal claim at an early stage of proceedings. The EAT concluded that the Employment Tribunal had misdirected itself in treating the proposed amendments as a major amendment made at a late stage and had inadequately assessed the balance of prejudice. In an unusual step, the EAT overturned the Employment Tribunal’s decision and allowed the amendments itself, rather than remitting the matter for reconsideration.
The judgment provides a useful reminder of the importance of taking a practical and proportionate approach when considering applications to amend, particularly where proceedings remain at an early stage and the proposed amendments are closely connected to the existing pleaded case.
A copy of the judgment can be found here
