Emma Hawkes v Network Rail Infrastructures Limited — 2023

This was a preliminary-hearing judgment on the claimant's application to amend her claim. Employment Judge Cheetham KC applied the amendment authorities cited in the reasons, including Vaughan v Modality Partnership, Cocking v Sandhurst (Stationers) Ltd, Selkent Bus Co Ltd v Moore and Abercrombie v Aga Rangemaster Ltd, and approached the question by weighing the practical consequences and balance of justice.

The tribunal allowed the amendment only in relation to points 3 and 4 of the six-part application. Those additions concerned further detriments to an existing victimisation claim: first, that a grievance manager recommended disciplinary action against the claimant for discussing the grievance after material obtained via a Subject Access Request; and secondly, that the appeals manager obstructed the grievance investigation by not securing CCTV and not providing rosters. The judge found there was no practical difficulty for the respondent in meeting those allegations and that they could properly be added to the list of issues.

The tribunal refused point 1, which alleged ongoing discriminatory behaviour by the appeals manager. That part post-dated the ET1 filed on 16 March 2022, would effectively introduce a further claim, and would still need further dates and particulars. Point 2 was treated as commentary rather than an amendment, and points 5 and 6 were also not amendments. The judge also noted that a later email dated 25 January 2023 referring to health and safety breaches fell outside the tribunal's jurisdiction. The judgment records only the amendment decision and does not determine the underlying liability or remedy issues.