Miss A Gumbs, Counsel For the v Respondent — 2022

At an open preliminary hearing on 7 October 2022, Employment Judge Brown considered the claimant's application to amend her pleaded case and directions about further particulars. The original claim form presented on 7 March 2022 pleaded unfair (constructive) dismissal, direct discrimination on grounds of pregnancy/maternity, and detriment for a reason related to maternity leave. The tribunal also noted that an earlier order by EJ Galbraith Martin had required further and better particulars of the specific events relied on.

Applying the principles in Selkent Bus Company v Moore and the approach in New Star Asset Management Holdings Ltd v Evershed, the tribunal allowed the amendment sent on 13 June 2022. It held that the amendments were minor because they attached new labels to facts already pleaded, including the allegation that the claimant had been engineered into resigning. The tribunal said no new factual enquiry was required, that the amendment point did not require a new limitation analysis on the way it was framed, and that the balance of hardship and injustice favoured allowing the amendment at an early stage.

The tribunal accepted that the claimant's s.99 ERA 1996 argument relied on the same maternity-related allegations already set out in the pleadings, including the complaint that the meeting on 12 November effectively forced her to resign. On particulars, it agreed with the respondent that the material provided on 13 June did not supply the dates and specific events contemplated by the earlier order, because it introduced new allegations rather than simply particularising the existing case. The parties then agreed refined wording for one particulars item and a timetable for any further requests, disclosure, bundle preparation and witness statements. No merits decision or remedy award was made at this hearing.