Tag

#amendment-application

16 cases tagged Amendment Application.

Partial win · Jun 2024

Payments consultant allowed to add minimum wage and wrongful dismissal claims

A tribunal has granted a payments consultant permission to amend his claim to include wrongful dismissal and National Minimum Wage complaints, but refused to add automatic unfair dismissal. The case highlights the hurdles of bringing claims when working through a limited company.

fixed-term-employeeage-discriminationconstructive-dismissal
Remitted · Dec 2023

Supply teacher wins right to add victimisation claim against school

A tribunal allowed a supply teacher to amend her disability discrimination claim to include victimisation, and later granted an anonymity order after initially refusing it.

amendment-applicationanonymity-ordervictimisation
Claim dismissed · Oct 2023

NHS employee's late amendment to add discrimination claims refused by tribunal

An NHS employee who tried to amend her claim three years after presenting it, adding new disability discrimination and whistleblowing allegations, has been refused by the tribunal due to the balance of hardship favouring the trust.

amendment-applicationdisability-discriminationwhistleblowing
Partial win · Oct 2023

Fixed-term worker allowed to add detail to less favourable treatment claim

A tribunal has allowed a fixed-term employee to amend his claim to add further particulars of less favourable treatment, despite the application being made just days before the hearing.

fixed-term-contractsamendment-applicationless-favourable-treatment
Claim dismissed · Sept 2023

Amendment refused: late addition of protected disclosure claims struck out

A security officer who tried to add two new protected disclosures to his unfair dismissal claim 16 months after presenting his claim was refused by the tribunal, which found it was reasonably practicable to have included them earlier.

protected-disclosureamendment-applicationtime-limit
Claim dismissed · Jul 2023

Sex discrimination amendment refused: comparing safety concerns with colleague

A former employee's attempt to add a sex discrimination claim based on how her safety concerns were handled compared to a colleague's was refused by the tribunal as out of time and lacking merit.

constructive-unfair-dismissalrace-discriminationdisability-discrimination
Partial win · Jun 2023

Pharmacy technician allowed to add unfair dismissal claim after disability discrimination case

A tribunal allowed a Boots pharmacy technician with 12 years' service to amend her claim to include unfair dismissal, finding the new claim was a relabelling of existing facts.

disability-discriminationamendment-applicationrelabelling
Claim dismissed · Mar 2023

Equal pay claim refused: amendment too late and too far from original case

A former employee’s attempt to add an equal pay complaint to her existing claim was refused by the tribunal, which found the new claim was out of time and would cause greater hardship to Westminster City Council than to her.

amendment-applicationequal-payout-of-time
Claim dismissed · Feb 2023

Late bid to add race and age discrimination claims refused by tribunal

A former employee of Coventry University was refused permission to add race and age discrimination claims to his unfair dismissal case, after applying to amend his claim over a year after the original deadline.

amendment-applicationrace-discriminationage-discrimination
Respondent won · Feb 2023

Care worker's whistleblowing detriment claims dismissed after tribunal rejects late amendments

An employment tribunal dismissed a care worker's claims that he suffered detriments for making protected disclosures, and refused to allow him to add a religion/belief discrimination claim that was out of time.

protected-disclosurewhistleblowingdetriment
Claim dismissed · Feb 2023

Pregnancy discrimination claim refused: amendment application too late

A former employee of Three Rivers District Council was refused permission to add pregnancy discrimination claims to her existing race and constructive dismissal case, as the application came over two years after the time limit expired.

pregnancy-discriminationamendment-applicationtime-limits
Partial win · Dec 2022

Unfair dismissal claim rejected as out of time despite ongoing grievance appeal

A surveyor on a zero-hours contract lost his unfair dismissal claim after presenting it four months late, but his age discrimination claim was allowed to proceed.

out-of-timeage-discriminationconstructive-dismissal
Claimant won · Dec 2022

Single parent allowed to add sex discrimination claim after flexible working refusal

A tribunal has allowed a former employee to amend her claim to include indirect sex discrimination after her employer refused her request for flexible hours during school closures.

amendment-applicationindirect-sex-discriminationflexible-working
Claim dismissed · Nov 2022

Race discrimination claim added too late: amendment refused, unfair dismissal claim dismissed

A former employee who tried to add a race discrimination claim nearly two years after presenting her original claim had her application refused. The tribunal also struck out her unfair dismissal claim because she was still employed.

race-discriminationamendment-applicationout-of-time
Claim dismissed · May 2022

Whistleblowing detriment claim dismissed as nearly one year out of time

A fixed-term employee who brought a whistleblowing detriment claim almost a year after the deadline had his case dismissed by the Bristol tribunal, which also found it would have been struck out as an abuse of process.

public-interest-disclosuretime-limitsreasonably-practicable
Partial win · Feb 2022

Head of Accounting's whistleblowing claim: amendment and early conciliation hurdles

A tribunal allowed some race harassment allegations to be added to a whistleblowing claim but rejected others as out of time, and clarified that claims against individual respondents require separate early conciliation.

whistleblowinghealth-and-safetyrace-harassment