Amending a claim at ET

Ell76

I am due at a second preliminary hearing on the 10th of August and I am representing myself.
I am due to forward the further and better particulars that my employer has requested on Monday.

Now here is where it gets tricky.
I am claiming for constructive dismissal and indirect discrimination.
My last working day was the 8th of September 2017.
I raised a grievance which was not upheld and then a subsequent grievance appeal.
On the 29th of June, I finally received the investigation notes from the grievance appeal and the people that were interviewed etc
The grievance appeal commenced on the 9th of January and after 3 months of waiting on an outcome, I was constantly advised "next week" or given an excuse on why it hadn't been concluded.

Given the time and excessive "chicanery" my employer has taken in getting these notes to me, how is is the best way to go about informing all parties that new evidence has came to light which will allow me to pursue 'direct discrimination' in addition to 'indirect'?


I'm just looking for any advice on how likely I would be able to add to my existing claim?
Would the judge consider that my ex employer has taken an excessive amount of time?

Thanks in advance.

sangie595

Nobody except the tribunal judge can answer this question.

Forget the "excessive" amount of time - that's not unlawful and its an opinion. It has no relevance.

You have new evidence and a new claim. It may be associated with your existing claim, in your mind, but the only person who can determine that is the judge. You will therefore have to apply to the tribunal and ask their permission to amend your claim. They will probably wish to hear arguments - yours as to why you wish to amend, and the employers (assuming they do not agree).

steampowered

In order to introduce new claims, you would need to amend your ET1.

This would require making a formal written application to the Tribunal. It would be a good idea to include with your application the exact amendment which you are proposing to make to your ET1.

Of course, the employer would have the right to respond to the amendment, perhaps by amending their ET3.

Personally I do not understand how a delay in responding to your grievance would constitute direct discrimination or what it would add to your claim, but I have very few details of your case to go on.

Ell76

steampowered wrote: »

Personally I do not understand how a delay in responding to your grievance would constitute direct discrimination or what it would add to your claim, but I have very few details of your case to go on.

I now have proof it occurred from the interview notes that I didn't;t have before.

sangie595

Ell76 wrote: »

I now have proof it occurred from the interview notes that I didn't;t have before.

That doesn't change something from indirect to direct discrimination though. Unless you mean that you haven't included that specific issue in the claim at all? In which case it will still be the same process, but it is very hard to add a while new claim / issue which yippy haven't raised before. Amending the details of a claim does, in the right circumstances, allow for such changes. But it's more the exception than the rule. Because it isn't amending the claim - amending the claim is adding detail to what you have already said. You aren't doing that - you are adding a claim you haven't made.