• Robert Spicer

Employment tribunals procedure: new case

EMPLOYMENT TRIBUNALS ET1 Form Amendment Case Marrufo v Bournemouth Christchurch and Poole Council [2020] UKEAT 0103/20/0312, Employment Appeal Tribunal Facts M lodged a grievance which alleged bullying by her colleagues. The grievance was rejected and she started proceedings in the employment tribunal (ET). She lodged an ET1 claim form and sent further details by email. The ET requested further information and clarification which were sent in four further emails. These were accepted as amendments to the ET1. M then sent a number of emails setting out more allegations. Two preliminary hearings were held. The ET then decided that the inclusion of the additional material would severely delay the proceedings and would overburden the claimant and the employer, and would not be in the interests of justice. M appealed to the EAT. Decision 1. The case had an extraordinarily messy history. 2. The appeal was dismissed. 3. The basic principle was that a person bringing a claim must take responsibility for formulating it. It was their claim and it was their obligation to articulate it in an ET form. 4. The claim could not be changed willy-nilly unless the ET had given permission. 5. There was no right which could be reserved to a claimant or a respondent to provide further amendments and particulars as and when they wished.


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