EAT PRACTICE AND PROCEDURE
Application/claim
Amendment
An Employment Tribunal Judge (ETJ) decided that: (1) an ET1 did NOT embrace claims of direct or indirect race discrimination and (2) the claim form ought not to be enlarged by amendment to introduce such claims.
Decision on (1) upheld. The ET1 raised only a claim of victimisation for making a protected disclosure.
Decision on (2) set aside and issue remitted to new ETJ. Both parties were agreed that ETJ had failed to apply the ‘balance of hardship’ approach required by Selkent v Moore.
Judges:
Luba QC
Citations:
[2012] UKEAT 0409 – 11 – 0902
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 October 2022; Ref: scu.454080