EAT or not EAT - need advice

[ADHDsquirrel]

Hi all. I hope you are well.

I have sent an application to amend my claims, and I have received a letter today from the ET that they are refusing that application, and the hearing will go ahead as scheduled. Without the additional claims, there is only a fraction of what I can bring out during the hearing.


My questions are:
- What are my next steps?
- Can I appeal their decision, i.e., to EAT, and how to do that?
- If so, do I need to inform ET and the respondent that I am going to send a letter to the EAT?

And possibly some other questions.

I am a Litigan in Person, and I was let down by my solicitor before the hearings, and we parted ways. I am so confused and overwhelmed by everything that I cannot even describe.

Will you please provide me with some advice?

I can always provide more information, but bearing in mind it is a public domain, I cannot give too much, but I will try.

Thank you all.

[ULA]

What reasons were given by the ET in the refusal of the application to amend your claim?

[ADHDsquirrel]

Hi. Thank you for your engagement. It's quite a messy case.
The judge sent me 22 page document with a new case management order, at which point, he also stated why he refused my application for my claims to be amendment.
And he basically stated that the reasonings for his decision are that there are more pros than cons to refuse my application rather than approve, and because it's going to be in total disadvantage for the respondent.
However, upon reading the new case management order I noticed that he missed one huge think. Actually from the beginning, the judge showed bias towards me and that's why I wanted him to step down. But he refused.
What I want to do next is to send the applications for reconsideration and also I want to send application for an appeal to employment appeal tribunal.
And my reasonings are that, firstly he's showing bias and second that he omitted one very important document. Briefly I sent an application for an amendment my claims, and thereafter the respondent sent a response to my application. Then I sent a reply to their response. However, the judge only formulated his judgement based on my initial application for an amendment and the Respondent's response, and totally omitted my reply to the respondent response, whereby I explained in more details about the situation and answered questions put forward by the Respondent. But he also not only omitted my reply, he also mentioned several times within the document that I wanted to send a reply, however, I never done it.
That is why I believe these circumstances give me reason to send an application to reconsider his judgement, as it was an administrative error I believe. I alos want to send an application to the employment appeal tribunal at the same time.
Do you know if anyone have or does anyone have a template on how to do both as I was trying to search it online and I cannot actually find it? And do you think that's the proper way to do such things and also if those are legitimate grounds to send an application?
Thank you.

[ULA]

Given the very limited information you have provided there is very little we can advise on the merits of whether you should or should not apply for reconsideration and/or appeal the decision in respect of your application to amend your claim.

You have within 14 days of the date on which the judgment was sent to you by the tribunal office or within 14 days of the date on which the written reasons were sent, if later to send in your application for reconsideration. Your application for reconsideration must be made in writing and copied to the other party. In your application you must set out why it would be in the interests of justice for the original decision to be reconsidered. Your application will be considered by the employment judge who heard the case, who may refuse it if they think there is no reasonable prospect of the judgment being varied or revoked.

If the application is not refused, it will be sent to the other party, who will be asked for their views on whether the application can be dealt with by the Judge without a hearing. Once replies are received the Judge will decide whether your application for a reconsideration of the judgment requires a hearing. If it does, you will be notified when and where to attend.

The interests of justice argument does not mean a judgment or decision will be reconsidered just because you disagree with it. Something must have gone wrong at or in connection with the hearing or something has happened since the hearing which makes the judgment or decision unjust. If you apply for a reconsideration based on new evidence you must explain why the evidence was not available before and include a full statement of the evidence which you want to introduce. The tribunal has the power to refuse to reconsider the judgment, confirm it, vary it or revoke it.

An application for reconsideration does not change the time limit for making an appeal and you may appeal while waiting for the result of the application for reconsideration. An appeal must be made within 42 days of the date on which the judgment was sent to you. The grounds for appeal may be that:

• the tribunal has made a mistake in the application of the law
• the judgment was one which no reasonable tribunal could have reached

The below linked to document sets out the process for making an appeal

https://assets.publishing.service.go...T440_09-23.pdf