Template 8 – Application to amend ET1
You can use this template to apply to the tribunal to amend your ET1 form. Please refer to our webpage on Applying to Amend Your ET1 Form for guidance on how to amend your ET1 and what you should submit with this application.
[NAME OF TRIBUNAL]
Dear [Name of Tribunal],
Application for leave to amend claim; [CLAIMANT] v [RESPONDENT], Case Number: [CASE NUMBER]
I am the Claimant in the above proceedings.
In accordance with rule 29 of the Employment Tribunals Rules of Procedure 2013, I would like to request an order for leave to amend my claim. I attach a copy of the claim showing the amendments that I wish to make.
I wish to request leave to amend my claim, by [ENTER PROPOSED AMENDMENT, for example: adding a new claim for whistleblowing detriment]. This claim was not included in the original ET1 because [ENTER REASONS, for example: I only recently became aware of certain information [EXPLAIN NEW INFORMATION] and/or I recently spoke with a legal adviser and was informed that [INSERT DETAILS])].
[All the facts relied on in respect of the amendment were included in the original ET1. The effect of the amendment sought is merely to add a new label to facts already pleaded.]
The purpose of this amendment is to clarify the issues between the parties. I consider that an order in the terms requested would assist the tribunal in dealing with the proceedings efficiently and fairly and in accordance with the overriding objective.
[The claim is at an early stage, and the Respondent would have ample time to address the issues raised by the amendment in its evidence. A fair trial of the claim is very much possible, and it would be in the interests of justice to allow the amendment.]
The prejudice to me from a refusal of the application and depriving me of part of my claim would be greater than any prejudice to the respondent flowing from permitting the amendment.
[There are time limit issues with my claim but for the reasons stated above, I believe that it should be granted.]
I confirm that I have complied with rules 30(2) and 92 of the ET Rules by providing a copy of this letter to [ENTER NAME OF RESPONDENT], who should write to the tribunal as soon as possible if it wishes to oppose this application.
I look forward to hearing from you.