Employment Appeal Tribunal Remits Case After Failure to Apply Proper Amendment Test
The Employment Appeal Tribunal has remitted a case after finding the original tribunal failed to properly assess the balance of injustice regarding claim amendments.
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The Employment Appeal Tribunal (EAT) has set aside a case management decision after ruling that an Employment Judge failed to apply the correct legal test when dealing with applications to amend a claim. In the case of London Borough of Ealing & Ors v Peace [2026] EAT 81, His Honour Judge James Tayler highlighted the importance of procedural rigour in managing claims brought by litigants in person.
Background to the Appeal
The dispute involved a claimant who resigned and brought multiple complaints, including unfair dismissal and various claims under the Equality Act 2010. During case management, the claimant provided additional details, which the respondents argued introduced new complaints that had not been included in the original claim form. The Employment Tribunal subsequently finalised a list of issues, essentially allowing these new matters to proceed without a formal assessment of whether they constituted amendments to the original pleading.
The EAT's Findings
In his judgment, His Honour Judge James Tayler noted that an Employment Tribunal must carefully balance the injustice or hardship to both parties when considering whether to permit an amendment. The EAT found that the original judge failed to conduct this necessary balancing exercise. Specifically, the tribunal did not determine whether new allegations were being introduced, nor did it consider relevant factors, including the timing of the application and the potential impact of statutory time limits.
The EAT emphasised that while Employment Tribunals should be accessible and avoid undue formalism, they must ensure the essential case is clearly set out in the pleadings. Relying on established authorities such as Selkent Bus Co Ltd v Moore, the judgment reiterated that the paramount consideration in amendment applications remains the relative injustice and hardship to the parties involved.
Next Steps
The case has been remitted to a different Employment Judge for a fresh determination. The claimant has been advised to focus on her core complaints and prepare clear submissions regarding the nature of any proposed amendments. This approach aims to restore focus to the central issues in dispute while maintaining a fair process for all parties.
Read the entire judgment here: London Borough of Ealing & Ors v Peace [2026] EAT 81
