Claimant v Aneurin Bevan University Health Board

Outcome

Facts

The claimant, Miss Obi, sought to amend her race discrimination claim for a third time on 28 June 2025, nine days after receiving an order on her second amendment application. The proposed amendments sought to add new claims of direct race discrimination, harassment and victimisation concerning a fraud investigation conducted between January 2023 and February 2024 involving Dr Tom Morgan Jones and counter-fraud investigator Michelle Morris. The claimant was referred to the counter-fraud team and subsequently found guilty of fraud in February 2024. The case is listed for a 15-day trial beginning 4 November 2025.

Decision

Employment Judge Shotter refused the claimant's application to amend. The tribunal held the amendments constituted new claims rather than mere particularisation or relabelling of existing allegations. The balance of prejudice favoured the respondent given the proximity to trial (less than 3 months), the need for additional witness statements from individuals no longer employed by the respondent, potential time limit issues, and the claimant's failure to provide satisfactory reasons for the significant delay in bringing the application despite multiple earlier opportunities at three previous preliminary hearings.

Practical note

Legal authorities cited