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Dosanjh v Nottinghamshire Healthcare NHS Trust - Where documentary material overlooked by EJ, EAT orders full hearing on application to amend [2013] EAT

Full hearing on application to amend granted where EJ overlooks fact that the matter had been raised with employee's representatives previously

Ms Dosanjh applied to amend her claim to include allegations of race and disability. These were new claims and the delay was substantial. The EJ refused this application.

With regard to the race amendment, HHJ McMullen held: ' I have been shown the documentation which was before the Judge indicating that the Claimant was raising a complaint of race discrimination with her union representative and with her solicitors at the relevant times. So this matter requires a further hearing because the Judge has found, adversely to the Claimant, that she did not raise the matter with her representatives, and therefore it was not just and equitable to allow her so to do some 13 to 18 months later. Put as a matter of law, it is that the Judge overlooked the documentary material indicating that she had taken such steps. Whether he would have reached the same conclusion is a different matter, but it is sufficient to establish a reasonably arguable question of law.

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