Ms Monteiro (in person) For the v Respondent — 2023

The case had a long procedural history after the first ET1 was presented on 11 October 2021 alleging age discrimination, followed by further information, a second ET1, and consolidation of the two cases. At the hearing on 27 January 2023, Ms Monteiro confirmed that she wished to withdraw her age discrimination claim. Employment Judge Cowen therefore removed age as a protected characteristic and recorded the age discrimination claims as dismissed upon withdrawal. The respondent had already conceded disability in relation to back pain on 7 December 2022, but not in relation to depression and anxiety.

The tribunal treated the claimant's later documents, FI4 and FI5, as both further particulars and an amendment application. Applying Selkent Bus Co v Moore, and considering the practical consequences and prejudice analysis referred to in Vaughan v Modality Partnership, Abercrombie and Ors v Aga Rangemaster Ltd, TGWU v Safeway Stores Ltd, Ali v Office of National Statistics, and Ladbrokes Racing v Traynor, the judge distinguished between matters that were already in the ET1 or were only further particularisation, and matters that were new claims or significantly different factual issues.

Amendments were allowed where they were no more than technical re-labelling or expansion of existing allegations, including further examples linked to direct discrimination, harassment, reasonable adjustments and victimisation on the same facts. Amendments were refused where the allegation was out of time, lacked explanation, required a different factual inquiry or additional witnesses, or went beyond what had been pleaded in the ET1. The judgment says the parties were to co-operate on a list of issues for the final hearing listed for November 2024. No monetary remedy was determined at this hearing.