Nevin Batra v Secretary of State for Health and Social Care — 2023

Nevis Batra had been employed by Public Health England, an executive agency of the Department of Health and Social Care, on successive fixed-term contracts from 15 October 2018. By the time of this preliminary hearing on 4 October 2023, the live claims were unfair dismissal and less favourable treatment as a fixed-term worker; earlier redundancy pay, London weighting and holiday pay claims had been withdrawn.

On 2 October 2023 the claimant applied to amend his ET1/Particulars to add factual detail to the fixed-term worker allegation and to improve coherence and clarity, following the respondent's requests in the Case Management Agenda and draft List of Issues for particulars and a comparator. The respondent objected that the proposed amendments introduced new factual matters, were out of time, and would require fresh disclosure, witness enquiries and possibly a longer hearing.

Employment Judge G Phillips held that the proposed changes were additional factual detail to existing allegations rather than a new claim or cause of action. Applying the tribunal's case management discretion under Rules 29 and 40, the overriding objective, and the Selkent/Vaughan line of authority, the judge found that the balance of injustice and hardship favoured allowing the amendment. Permission to amend the ET1/Particulars as marked up on 2 October 2023 was granted, and the respondent was given permission to serve an amended response by 31 October 2023. No substantive finding was made on the underlying unfair dismissal or fixed-term worker claims.