Miss D Trench v Mr H Patel and 1 other — 2021

The Claimant presented a claim on 4 November 2020 after early conciliation, originally as an ordinary unfair dismissal claim. At a preliminary hearing on 14 July 2021, her representatives said she also wished to pursue automatically unfair dismissal for whistleblowing under s.103A ERA and victimisation under s.27 Equality Act 2010, on the basis that these were further particulars of the existing claim.

Employment Judge Victoria Butler refused the application to amend. The application had been submitted late, and although the delay was accepted as explained by email difficulties, it was supported by amended Grounds of Claim only and did not include submissions addressing the considerations in Selkent Bus Company Ltd v Moore or the Presidential Guidance on General Case Management. The tribunal said that, without those submissions, it could not balance the injustice and hardship of allowing or refusing the amendment.

As the claim stood, the tribunal recorded only an unfair dismissal claim under ss.94 and 98 ERA. Because there was no claim for discrimination or whistleblowing detriment in existence, the tribunal held that it had no jurisdiction to hear a case against Mr Patel and dismissed the proceedings against him. The judgment does not record any substantive finding on the merits of the underlying unfair dismissal claim or any monetary award.