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Employment Law Matters
S8E09 - Amending Tribunal Claims
Jun 3, 2024
In this conversation, Nathaniel Caiden, a representative from Cloisters specializing in tribunal claims, shares insights on amending tribunal claims. He discusses the legal nuances of the ET1 form and its impact on case outcomes. The dialogue reveals critical factors judges consider, such as timing and clarity of amendments. They also explore complexities around discrimination claims and the procedural rules influencing these decisions. Listeners gain valuable strategies for navigating the challenges of submitting amendments and ensuring fairness in tribunal processes.
46:03
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Quick takeaways
- Understanding the Selkent factors is vital for successfully amending tribunal claims, as they dictate judges' decision-making processes on such applications.
- The timing of an amendment application is crucial, as late requests can disrupt proceedings and potentially prejudice the opposing party's case.
Deep dives
Understanding Employment Tribunal Claims
Employment tribunals only have the authority to decide on issues that are directly addressed in the claimant's tribunal claim form, known as the ET1. If additional claims or issues arise after the initial submission, a claimant must formally request permission to amend their ET1. The judge has the discretion to allow or deny these amendments based on several factors. These factors include the nature of the amendment, the relevance of time limits, and the timing of the application, which are crucial in assessing whether the amendment should be permitted.
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