Strike-out for deaf former employee who tried to add new claims late

This case shows how important it is to get your initial claim right and to follow tribunal directions. The former employee, who is completely deaf and uses cochlear implants, originally claimed she was dismissed because of her disability. But when she filed further particulars, she introduced a wide range of new allegations about events going back years – from October 2019 to October 2022. The tribunal found these were not just clarifications but entirely new claims, such as complaints about specific incidents that had no clear link to her dismissal.

What went wrong

The claimant did not comply with directions from an earlier hearing to provide proper particulars. Instead, she filed documents that the judge described as a 'stream of consciousness'. When she later tried to rely on these new allegations, the tribunal refused permission because they went far beyond the original claim. The judge noted that a claimant 'nails their colours to the mast' in the ET1 – that is the case the respondent has to answer, not a later document.

Why the result matters

For anyone considering an employment tribunal claim, this case is a reminder that the ET1 form is not just a starting point – it defines the scope of your case. Adding new claims later requires permission, and the tribunal will look closely at whether they are genuinely linked to the original complaint. Non-compliance with directions can be fatal, even if you are representing yourself. The tribunal was sympathetic to the claimant's disability, but that did not excuse the procedural failures.

If you are thinking of bringing a claim, take time to set out all your allegations clearly in the ET1. If you need to add something later, seek legal advice and apply to amend promptly. Following tribunal orders is not optional – ignoring them can mean your case is thrown out before it is heard on its merits.