Andrew v (1) Cledor Ltd (2) Cluttons LLP - EJ correct to refuse amendment, but in error as to scope of original claim

Allowing an amendment is a question for the discretion of an EJ; as long as it is approached on the correct principles it cannot be faulted.

Building manager Ms Andrew brought claims of unfair dismissal and sex discrimination before an Employment Tribunal. The discrimination claim being rather unclear, Ms Andrew was ordered to produce Further & Better Particulars (F&BPs) of it, but when she did so Cledor and Cluttons argued that she had raised new claims covering discrimination over fair periods of time, which were simply not included in her ET1.

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