The Appellant brought ET claims against his former employer in January 2015. In December 2015 he brought High Court proceedings covering similar ground and the employment tribunal proceedings were stayed from January 2016 to November 2019.
In April 2020 the Appellant made a substantial application to amend his claim, raising, among other things, new claims of sex discrimination and harassment which themselves related back to November 2012. Most of the application (including that part related to those new claims) was refused by the EJ.
The EAT found that the EJ had wrongly considered that these new claims added little or nothing to the existing claims but found that, even if this error had not been made by the EJ, he would properly have reached the same result and refused permission for the required amendments, given his findings that the new claims could and should have been brought at the outset and that allowing the amendments would involve significant hardship to the employer.
HH Judge Shanks
[2021] UKEAT 2020-000732
Bailii
England and Wales
Employment
Updated: 23 January 2022; Ref: scu.670766
