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Lets say you started a legal proceeding and in the application, you specified what kind of a remedy/compensation you were seeking.

Is it possible to later on add something or change something in this remedy as the case progresses? Or is this generally not allowed? In what cases would it be allowed?

Example scenario: Someone gets discriminated at their job and then makes a complaint. In the complaint, the complainant states that they want the remedy to be - modifications made to the company's policy to better accommodate the complainant and other people like them.

However later on, it occurs to the complainent that the depression caused by that incident was what motivated them to book a few counselling sessions with a counselor.

Can the complainant now add a new remedy to the case - financial compensation for the counselling sessions that were booked? Because the company was responsible for creating the situation that led to those counselling sessions being booked?

JackieChilesTheSecond
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1 Answers1

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Yes, it is possible but you'll need to seek the permission of the Tribunal by asking for a case management order under Rule 31 of the Employment Tribunal Procedure Rules 2024:

31.—(1) A party may apply for a case management order at a hearing or by sending a written application to the Tribunal.

(2) Where a party makes a written application under paragraph (1) they must notify the other parties that any objections to the application should be sent to the Tribunal as soon as possible.

The Tribunal has very broad case management powers under Rule 41:

41.—(1) The Tribunal may regulate its own procedure and must conduct any hearing in the manner it considers fair, having regard to the overriding objective.

The overriding objective is found at Rule 3 and includes the following:

(a) ensuring that the parties are on an equal footing,

(b) dealing with cases in ways which are proportionate to the complexity and importance of the issues,

(c) avoiding unnecessary formality and seeking flexibility in the proceedings,

(d) avoiding delay, so far as compatible with proper consideration of the issues, and

(e) saving expense.

Accordingly, if you make an application to amend your claim then you should seek to persuade the Tribunal that it should make the order by reference to the above factors. You should also explain why you have a good reason that you didn't include the new claim originally. You should not assume that the Tribunal will automatically allow the amendment.

JBentley
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