Making changes to the claim

It is very important to ensure the ET1 Claim Form refers to all the claims you want to bring. Judges have a discretion to allow parties to make changes, usually referred to as amendments, to their claim once it has been issued.

When deciding whether to allow a change to a claim, tribunals are expected to weigh up the relative injustice to each party if the change is allowed (Selkent v Bus Company v Moore [1996] ICR 836).

A tribunal 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.