EAT PRACTICE AND PROCEDURE – Amendment – The Claimant applied for permission to amend her claim to allege disability discrimination and race discrimination. The Employment Judge, in refusing permission (1) exercised his discretion on a misapprehension of fact, in that the Claimant had, contrary to his understanding, raised disability discrimination in the course of the disciplinary process, viz on appeal, (2) overlooked email correspondence in September 2010 when the Claimant told her union that she wished to claim race discrimination and (3) overlooked or gave no reasons in respect of the Claimant’s explanation for delay, including in particular the state of her health during the relevant time. The application was remitted for reconsideration by a differently constituted Tribunal.
David Richardson J
 UKEAT 0517 – 12 – 2607
England and Wales
Updated: 20 November 2021; Ref: scu.515393