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  • FIRST POST
    • Ell76
    • By Ell76 4th Aug 18, 11:39 PM
    • 9Posts
    • 1Thanks
    Ell76
    Amending a claim at ET
    • #1
    • 4th Aug 18, 11:39 PM
    Amending a claim at ET 4th Aug 18 at 11:39 PM
    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.
Page 1
    • sangie595
    • By sangie595 5th Aug 18, 10:31 AM
    • 5,493 Posts
    • 9,453 Thanks
    sangie595
    • #2
    • 5th Aug 18, 10:31 AM
    • #2
    • 5th Aug 18, 10:31 AM
    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
    • By steampowered 5th Aug 18, 12:27 PM
    • 2,885 Posts
    • 2,866 Thanks
    steampowered
    • #3
    • 5th Aug 18, 12:27 PM
    • #3
    • 5th Aug 18, 12:27 PM
    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
    • By Ell76 5th Aug 18, 1:01 PM
    • 9 Posts
    • 1 Thanks
    Ell76
    • #4
    • 5th Aug 18, 1:01 PM
    • #4
    • 5th Aug 18, 1:01 PM

    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.
    Originally posted by steampowered
    I now have proof it occurred from the interview notes that I didn't;t have before.
    • sangie595
    • By sangie595 5th Aug 18, 4:55 PM
    • 5,493 Posts
    • 9,453 Thanks
    sangie595
    • #5
    • 5th Aug 18, 4:55 PM
    • #5
    • 5th Aug 18, 4:55 PM
    I now have proof it occurred from the interview notes that I didn't;t have before.
    Originally posted by Ell76
    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.
    • alig1
    • By alig1 10th Aug 18, 1:33 PM
    • 21 Posts
    • 8 Thanks
    alig1
    • #6
    • 10th Aug 18, 1:33 PM
    • #6
    • 10th Aug 18, 1:33 PM
    As you appear to give very rationale advice to employment queries I wonder if you might help re an ET Interim Relief hearing. I was dismissed by employers as a result of raising Health and Safety issues, i.e. unfairly dismissed. This is a true case of David v Goliath and i am extremely overawed. In the repondent's evidence they have given "inaccurate information", i.e. 9 minutes for an 11 mile journey on M25 when the actuality was 25(timing is important in the case). The notes on the hearing state that there is no way of challenging evidence. The company and myself have already exchanged evidence

    Also recording of conversations in which the issues were made were provided as evidence which I checked were allowable through GDPR 2018 "interests of justice" but I can't find the actual statute which I would like to bring to the hearing in case they challenge their use
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