The EAT case of Mrs Redhead v London Borough of Hounslow should be heeded by any Claimant (or adviser) wishing to amend their claim to include new grounds of complaint – do so clearly and expressly, requesting permission of the Tribunal.
In this case, the original claim presented to the Tribunal raised only victimisation for making a protected disclosure. A second consolidated claim raised constructive, unfair and wrongful dismissal. Further and better particulars then set out matters said to have been instances of direct racial discrimination and an assertion of indirect racial discrimination. This was not sufficient to be treated as an application to amend the original claim and accordingly the Tribunal were correct in treating the claim as not including direct or indirect racial discrimination.