Miss K Pearce v Barking, Havering and Redbridge University Hospitals NHS Trust — 2022

This judgment records reasons for refusing the claimant leave to amend her claim to add protected disclosure detriment and/or dismissal allegations. The tribunal noted that the ET1 and the claimant's further particulars set out claims including constructive dismissal, disability discrimination, harassment and victimisation, but did not refer to whistleblowing. The protected disclosure point was first raised in a draft list of issues in June 2021.

The tribunal accepted the respondent's submission that the proposed whistleblowing case would be a substantial amendment raising new factual and legal issues. In considering the application, the tribunal applied the amendment guidance referred to in Vaughan v Modality Partnership and the authorities there summarised, and balanced the practical consequences of allowing or refusing the amendment.

The tribunal found that refusing the amendment caused only limited prejudice to the claimant because her existing claims would still proceed, whereas allowing it would materially expand the factual and legal inquiry, increase the hearing length and cost, raise significant time limit issues, and cause further delay to listing. On that balance, the amendment was refused.