Mr Edward McCluskey v Represented by:- Mr Tony McGrade –15 Solicitor North Lanarkshire Council — 2018

This hearing concerned the claimant's applications to amend his ET1 in an unfair dismissal case brought against North Lanarkshire Council. The claimant, Mr Edward McCluskey, had been employed as a Property Maintenance and Improvement Manager until 11 April 2017 and had presented his claim on 7 July 2017 after ACAS early conciliation, seeking reinstatement if successful.

The tribunal allowed the claimant's amendments in full. It held that the proposed changes did not alter the fundamental legal basis of the case, but provided further factual detail and fair notice, including material said to support the claimant's contention that there was an inconsistency of treatment and an agenda against him. The tribunal rejected the respondents' objections that the amendments were irrelevant or too late, and noted that no final hearing had yet been fixed.

Applying the Selkent principles and the overriding objective, the tribunal balanced the prejudice and hardship to each side and concluded that there were no weighty reasons to refuse the amendments. It recorded that the respondents would have 3 weeks to lodge further and better particulars in reply, and directed the claimant to provide a consolidated Word version of the amended paper apart within 7 days.

The tribunal also ordered that the case be listed for a final hearing in the proposed period of July, August or September 2018, and invited the parties to address whether the case should proceed before a full tribunal or an Employment Judge sitting alone, whether witness statements would be useful, and whether there was any objection to Employment Judge McPherson hearing the case. No liability or remedy decision was made at this stage, and the tribunal did not award any monetary sum.