This judgment may serve as another reminder that the core test in considering applications to amend is the balance of injustice and hardship in allowing or refusing the application. The exercise starts with the parties making submissions on the specific practical consequence of allowing or refusing the amendment. If they do not do so, it will be much more difficult for them to criticise the Employment Judge for failing to conduct the balancing exercise properly.
The balancing exercise is fundamental. The Selkent factors should not be treated as if they are a list to be checked off.
An Employment Judge may need to take a more inquisitorial approach when dealing with litigants in person.
In this case the Employment Judge had not erred in law in refusing the amendment.
Citations:
[2020] UKEAT 0147 – 20 – 0911, [2021] ICR 535
Links:
Jurisdiction:
England and Wales
Employment
Updated: 20 November 2022; Ref: scu.661665