Application to amend the claim was refused as it would be unfairly prejudicial to the respondent.

The claimant lodged a claim in August 2024 alleging, inter alia, unfair dismissal, disability discrimination, sex discrimination, failure to pay holiday pay and detriment due to public interest disclosures.

At a Case Management Preliminary Hearing in June 2025 the claimant sought to amend her claim to add:

• One further allegation of disability discrimination;
• Two further allegations of detriment relating to public interest disclosure; and
• Three further allegations of sex discrimination.

The unfair dismissal claim had already been dismissed on the basis that the claimant did not have the requisite level of continuous service. The issue for the Tribunal, at this Preliminary Hearing, was whether the amended claims should be allowed.

The Tribunal found that the applications to amend the sex discrimination claim and the public interest disclosure detriment claim were to be refused. It was found that the amendments could and should have been included in the original claim. To add at the point of the CMPH would be well outside of the statutory time limit and added little to the substance of the claims already being brought. Additionally, they would have added to the costs and the delay of the hearing of the overall case which would be prejudicial to the respondent.  The claimant withdrew the claim of disability discrimination at the hearing.

The Tribunal demonstrates the considerations when determining an application to amend a claim and to add further claims. This includes the prejudice to the other party in relation to costs and delay but also looks at the substance of the overall claim.  This demonstrates a strong link to the overriding objective in ensuring, not only fairness, but avoiding unnecessary delay and expense. The Tribunal also considered the statutory time limit and how it still needs to be considered otherwise amending claims could be a back-door avenue to have out of time claims.

NI Tribunal decisions are available on the OITFET website.