Application to amend ET1

[Chemart]

My question concerns the nature of my amendment.

I have a case management preliminary hearing coming up under the equality act 2010. I’m currently preparing my draft list of issues/complaints. I want to add additional issues/complaints that are not listed on my original ET1.

With regard to my ET1, I wrote out a list of complaints (particulars), but I didn’t label each complaint eg. Direct discrimination, Indirect discrimination, harassment etc. I want to extend my list of issues/complaints to include new issues/complaints eg. new complaints about harassment and direct discrimination concerning the way my grievance was addressed. How do I word my application to amend? In other words, what category would my request to add additional issues/complaints full under?

Also, on my original ET1, when I wrote out my particulars, I said that I would rely upon the details as stated within my grievances by way of background. I thought it would be ok to say this to cover my back incase I missed anything from my list of particulars. Was it ok to say this? All of the issues/complaints that I want to add to my draft list of issues are covered in my grievance.

Another thing, the respondent took forever to respond to my grievance appeal, so I wasn’t able to include any complaints about my grievance within my ET1. Do I need to apply for an application to add issues/complaints about the way my grievance was handled?

Thx in advance.

[ULA]

Not knowing what your original claim was for, then it is difficult to advise on what you need to put in your application to amend and whether they are actually new claims or a continuation of claims already made. Therefore you will need to make it very clear whether the proposed amendment is within the scope of the existing claim or is an entirely new claim not already cover in your ET1 or any particulars of claim.

If they are new claims would they be considered in time? If not you would have to explain why you are trying to add out of time claim/s.

Plus a really important factor in making an application to amend your original ET1 claim outside of adding in the additional particulars is ensuring that you also focus on setting out a robust explanation of why the amendments sought were not originally in your ET1 or particulars and sufficient reasons for any delay.

In answer to your question "I thought it would be ok to say this to cover my back in case I missed anything from my list of particulars. Was it ok to say this?" Unfortunately the answer is no. Your ET1 and any associated particulars of claim needed to have included the full details of the claim/s being made against your employer including the instances of when such claims happened etc.

If you want to make additional claims, not already made, for harassment and discrimination in respect of your grievance then it needs to be added into this application as you would potentially run into issues with trying to amend for a third time later.

As a reminder in terms of Tribunal process you need to make sure you copy in the respondent to any application you make to the Tribunal and confirm to the Tribunal you have done this.