- Adding claim of direct discrimination to existing claim of discrimination arising from disability is not relabelling (Reuters v Cole)
- What are the practical implications of this judgment?
- What is the relevant background?
- Relevant law
- Background facts
- Decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: Amending an ET1 claim form to add a claim of direct disability discrimination (section 13 of the Equality Act 2010 (EqA 2010)) to an existing claim of discrimination arising in consequence of disability (section 15 of the EqA 2010) involves more than giving a new label to the already pleaded facts. As such, an amendment could not be granted without the Employment Judge first considering relevant factors, such as the extent of the factual differences and the time limit, before deciding whether to exercise the discretion to allow the amendment, according to the EAT.
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