Wade v CT Plus Community Interest Company (Practice and Procedure : Amendment)

Employment Judge entitled to refuse Claimant�s application to amend form ET1 to add a complaint of disability discrimination (failure to make reasonable adjustments) to a claim of unfair dismissal; this was a new cause of action based on different facts.

Further, the EJ was entitled to conclude that the Claimant�s dismissal by reason of ill-health incapability was fair.� Claimant�s appeals dismissed.

The CAB forwarded the papers to the Free Representation Unit (FRU) on 5 October 2012, and the allocated representative promptly made application to amend on 19 October to add a complaint of disability discrimination.� A direction was given by Employment Judge Foxwell on 12 November for that application to be determined at the outset of the substantive hearing then fixed for 23 November.� It was so dealt with by Employment Judge McLaren.

Having now had the advantage of submissions, both written and oral, from Ms Davis and Mr Nuttman on behalf of the Respondent, I shall consider each appeal in turn.

The question of creating a job raised in the proposed amendment makes clear that the Judge�s observation about the need for fresh evidence (paragraph 22 of her amendment Reasons) accepting the Respondent�s submission (see paragraph 16) is self‑evidently sustainable.� In these circumstances, I reject Ms Davis� first submission as to the characterisation of the proposed amendment.