Making changes to the claim

It is very important to ensure the ET1 Claim Form includes all the claims you want to bring and is made against the correct parties. For example, whereas a claim for unfair dismissal can only be brought against the employer, a claim for discrimination under the Equality Act 2010 can be brought against the employer and any individual discriminator (see Chapter 7). Similarly, a claim for whistleblowing detriment can be brought against the employer and also against any members of staff who penalised the claimant for blowing the whistle (see Chapter 13).

Judges have a discretion to allow parties to make changes to their claim, usually referred to as amendments, to their claim once it has been issued, but this may not be straightforward. When deciding whether to allow a change to a claim, ETs must weigh up the relative injustice to each party if the change is allowed (Selkent v Bus Company v Moore [1996] ICR 836).

An ET is increasingly unlikely to allow changes as the hearing date approaches. Even if a change is allowed, the judge can order the party asking for the change to pay some of the other party’s legal costs linked to the change.