Claimant v Secretary of State for Defence
Outcome
Individual claims
This was the original claim pleaded. The preliminary hearing concerned only an amendment application to add an indirect sex discrimination claim. The substantive pregnancy/maternity discrimination claim has not yet been determined.
This claim was added by amendment granted at this preliminary hearing. The tribunal allowed the amendment application finding the balance of hardship and injustice favoured allowing the claimant to add this claim. The substantive claim has not yet been determined.
Facts
The claimant, a UK-based officer temporarily placed overseas (France), brought claims of pregnancy/maternity discrimination concerning the respondent's refusal to provide various benefits to enable her to spend maternity leave in France. The claim was filed in January 2025. In June 2025, her legal representatives applied to amend the claim to add an indirect sex discrimination claim under s.19 Equality Act 2010, approximately 18 months after the ET1 was filed. The representatives acknowledged this was an error - the claim should have been included in the original ET1. The final hearing is listed for October 2027.
Decision
The tribunal granted the amendment application. While the amendment added a new cause of action and was substantially out of time, the judge found it just and equitable to extend time as the claimant should not be penalised for her representatives' error, particularly as the application was made as soon as the new representative identified the omission. The amendment did not add new facts and there was some overlap with existing factual enquiries. The balance of hardship favoured the claimant - she would lose the claim entirely if refused, whereas the respondent faced limited additional disclosure and witness evidence with the final hearing still two years away.
Practical note
Tribunals may permit late amendments to add new causes of action where representatives made an error in original pleadings, particularly where core facts are already pleaded, the application is made promptly upon discovery of the error, and sufficient time remains before the final hearing to manage the additional issues fairly.
Legal authorities cited
Statutes
Case details
- Case number
- 3300832/2024
- Decision date
- 26 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- military
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- solicitor