Practice and Procedure - Amendment

An Employment Judge erred in refusing permission to amend an ET1 to add an associative disability discrimination claim on the ground that no statutory grievance had been raised in respect of such a claim. If the proposed amendment was of or included complaint of discrimination by dismissal no such grievance was required. The application to amend and the application for setting aside the revocation of permission to amend was remitted to an Employment Judge for determination.

An Employment Judge did not err in revoking an unless order and restoring an ET3 which had been automatically struck out on the date of non-compliance with the order. The Employment Judge did not err in concluding that such steps were disproportionate to enforce an order requiring disclosure of the address of a potential witness. In any event the imposition of an unless order on 30 December 2008 for compliance by 2 January 2009 was unreasonable. The order did not and could not have been expected to come to the attention of the Respondent until after the time for compliance had passed.