Claimant v Anatune Ltd: S/4101322/2019 — 2019

This was a preliminary hearing on whether to accept the claimant's application to amend the ET1, rather than a merits hearing. The claimant had lodged the ET1 on 30 January 2019 and then, on 26 February 2019, sought to lodge further and better particulars. The respondents opposed the application, arguing that it was a substantial amendment amounting to a new claim of constructive unfair dismissal, which they said was not pleaded in the original form.

The tribunal held that the amendment was substantial, but that it was effectively a relabelling of existing facts rather than the introduction of new facts. Applying Selkent Bus Company Limited v Moore [1996] ICR 836 and the overriding objective, the judge noted that the application had been made within the original three-month time limit, so the claimant could have brought a fresh claim in time. The tribunal also considered the balance of prejudice and concluded that refusing the amendment would permanently deprive the claimant of having the claim adjudicated, whereas the prejudice to the respondents was comparatively slight.

The application to amend was therefore accepted. The judge also dealt with case management matters, extending the time for compliance with the document production order to 12 June 2019 and widening it to include additional sales opportunities identified by the claimant. The tribunal noted an issue about the respondent's pension contribution figure, indicated that the final hearing would likely require three days, and recorded that both parties considered judicial mediation appropriate. No award of money was made and no substantive liability issues were decided in this judgment.