Mr Jatinder Singh Badyal v Her Majesty’s Prison and Probation Service — 2022

At a preliminary hearing in Nottingham on 15 December 2021, Employment Judge Hutchinson sitting alone considered the claimant's application to amend his claim and his application for specific disclosure. The claimant had been employed as a prison officer at HM Prison Gartree from 1 January 2017 until his dismissal on 30 September 2020, and his pleaded case already included unfair dismissal, race, religion or belief and disability discrimination, breach of contract, harassment and victimisation.

The tribunal refused permission to amend. The amendment sought to add allegations that Prison Officer Laura Henson had made allegations against the claimant because of his race and his religion or belief in early 2018. Applying Selkent Bus Company Ltd v Moore and considering the nature of the amendment, time limits, and the timing and manner of the application, the tribunal held that this was a substantial new claim rather than a minor clarification. It was brought outside the three-month time limit, there had been no reference to any such complaint in the ET1 or the grievance document, and no reason had been given for the late application. The tribunal also found no evidential basis for the allegation and said the respondent would be prejudiced by having to investigate stale events.

The tribunal also refused the specific disclosure request. It held that the long list of documents sought was not relevant to the issues in the case, and that the existing documentary material was already substantial. The refusal of the amendment did not prevent the claimant from pursuing his pleaded claims, and the case remained listed for the substantive hearing in February 2022.