Ms L. Chudleigh, Counsel v Respondent — 2017

The hearing on 22 June 2017 was a preliminary hearing to consider the claimant's application to amend. Employment Judge Harrington allowed the application, so the whistleblowing detriment claim under s.47B ERA 1996 was amended to include two further alleged detriments: a revalidation document sent to the Portland Hospital on 6 February 2017, and an allegation that the respondent continued with an investigation without dealing with the claimant's complaints of 31 January 2017 and 8 February 2017.

In deciding the amendment application, the tribunal referred to Selkent Bus Co Ltd v Moore and the Presidential Guidance on amendments to the claim. The judge recorded that prompt notice of the proposed issues had been given, that time limit issues were not disputed, that the respondent identified only limited prejudice, and that there was sufficient time before the November 2017 merits hearing for the respondent to answer the new allegations. The application was therefore allowed.

The case management order records that the claim form also included automatic unfair dismissal contrary to s.103A ERA 1996 and ordinary unfair dismissal, but no substantive liability decision was made at this hearing. The tribunal made consequential directions about the List of Issues, any amended ET3, disclosure, document guidance, bundles, expert evidence, a schedule of information about communications relied on in the defence, simultaneous exchange of witness statements, and compliance.