Amending tribunal claims

Case 3: The facts

In the course of his hearing for unfair dismissal, an employment tribunal suggested to Neil McClaren that he add a claim of sex discrimination, which he did. The employer was unprepared for this, and had not conducted the case as a sex discrimination claim nor called any witnesses on this issue.

The ruling

The Employment Appeal Tribunal held that permitting the sex discrimination claim to be brought during the course of the hearing was a breach of natural justice, and the sex discrimination claim could not be upheld.

If a party wishes to amend a tribunal claim, it said, this should be formulated in writing so that everybody involved in the case knows and understands the precise point that is being made.

Care First Health Care v McClaren UKEAT/0982/03

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