Farihah Chaudry, Assistant Lawyer v Simon Jerrison, Solicitor PRELIMINARY HEARING IN PUBLIC — 2025

This was a preliminary hearing on 5 February 2025 before Employment Judge Walker sitting alone. The claimant, Mrs Lawson, had been employed by West Midlands Fire Service as a firefighter from 13 March 2020 until her dismissal without notice was confirmed by letter dated 8 January 2024. She presented her ET1 on 3 April 2024 alleging unfair dismissal and disability discrimination, but the discrimination aspects were later withdrawn. In August 2024 her representatives sought to amend the claim to add wrongful dismissal in respect of unpaid notice pay.

The tribunal applied the amendment authorities in Vaughan v Modality Partnership and Selkent Bus Co Ltd v Moore, and considered the respondent’s reliance on Chandok v Tirkey. It found that the proposed wrongful dismissal claim arose from the same factual matrix as the existing unfair dismissal claim because it was based on the respondent’s decision not to pay notice pay following dismissal for gross misconduct. The tribunal accepted that the amendment did not introduce a new factual case, but rather added a new label to matters already pleaded in the ET1 and further particulars.

The tribunal also found that the application was made promptly when the claimant’s representatives came on the record, that the respondent had notice of the application the same day, and that allowing the amendment would not alter the witness requirements or time estimate for the substantive liability hearing. Balancing the injustice and hardship to each party, the tribunal concluded that refusing the amendment would cause greater prejudice to the claimant than granting it to the respondent. The application was therefore granted, and the respondent was given leave to amend its response by 4.00 pm on 28 February 2025 if it wished to do so.