Oliphant v Boots Management Services Ltd (Practice and Procedure : Amendment): EAT 19 Jun 2013

Amendment of pleadings. The Claimant submitted a form ET1 alleging that she had made protected disclosures and had suffered detriment due to that; and that she was disabled and the Respondent had refused to make reasonable adjustments. She submitted an agenda for a Case Management Discussion (CMD) in which she stated that she complained of contraventions of sections 13, 19, 26, 27, 15 and 20 of the Equality Act 2010. She also stated that she complained of direct discrimination, indirect discrimination, harassment and victimisation. She produced further and better particulars in accordance with the agenda. At a pre-hearing review (PHR) the Respondent argued that the Claimant sought to introduce new matters, which were time barred. The ET agreed and refused to allow amendment to include the matters raised in the agenda and further and better particulars. They Claimant appealed. The ET did not err in law. The matters were not referred to in the ET1 and so were new. No explanation for their being raised late was given. The ET was entitled in the exercise of its discretion to refuse the amendment.

Lady Stacey
[2013] UKEAT 0005 – 13 – 1906
England and Wales


Updated: 22 November 2021; Ref: scu.516735