Amendment to ET1

[Giantpanda]

I am representing myself in a constructive dismissal claim and am starting to feel a little overwhelmed by what lies ahead so grateful for any help and advice I can get. I have already submitted my ET1 and am awaiting a copy of the ET3 which my employer’s solicitor submitted three weeks ago.  I have been researching online and reading ‘Employment Tribunal Claims’ by Naomi Cunningham and Michael Reed which has been very useful.

 

An issue has arisen on which I need some advice as it might require an amendment to my ET1. While working my notice in October 2018 my manager informed my team that she was nominating us for a ‘thank you ’team award and that, if the nomination was approved, my award would be forwarded to me. It transpires my colleagues got their awards end of March. I hadn’t received anything so I contacted the HR help desk of the government dept for whom I worked and they informed me they had not received any nomination for me from my manager.  I wrote to the head of HR of said government department asking for an explanation and enclosing a copy of an email in which my manager stated she had nominated me.  My manager’s email did not reference any policy which would prohibit me getting the award which was for work already completed and not part of an incentivised retention scheme. The deadline for HR’s response is nearly up and I am not expecting them to reply.

 

Given that one of the reasons I resigned is that my manager singled me out for unfair treatment I feel this latest development is relevant evidence to my existing claim.  There is no specific calculation I can use to determine what the award should be so I presumably I cannot claim unauthorised deduction of wages.  Can I claim it amounts to a breach of contract and ask the ET to add some comments to my existing claim?  Presumably I would also have to inform the respondent’s solicitor?

[AndyOrch]

Hi and Welocme to CAG

 

I have moved your thread to the appropriate forum hopefully you will get a response.

 

Regards

 

Andy

[Giantpanda]

Thank you.

[sangie5952]

Setting aside an email from a manager which is not contractually binding on the employer, do you have anything available to you that makes nominating you for an award a contractual term?  Is there anything that says that you are contractually entitled to a financial payment- because there can't be an unauthorised deduction of something you aren't entitled to. 

 

You do not need to amend the ET1, if all you are saying is that this is another piece of evidence in respect of the claim you have already submitted. You  amend to add claims. The ET1 is a summary of claim, not the absolute detail. So I can see no reason why you need to amend. That does not, of course, mean that it is evidence of anything either. 

[Giantpanda]

Sangie5952

 

Thanks for such a prompt and informative response.  I have checked my 'Statement of Particulars of Employment' and there is no reference to bonus/thank you awards so it appears that an unauthorised deduction doesn't apply.   If I am not amending my ET1 can you see any reason why I cannot include this in my witness statement?  My concern would be that I had not given the respondent's solicitor sufficient notice of this new fact. 

[sangie5952]

The “fact”, and I use that term guardedly, is that you allege a breach of contract so significant that it justified your resigning - "constructive unfair dismissal". That is the fact that you are claiming. You are discussing evidence here - something that proves the fact. Evidence does not need to be included in the ET1, and few would include anything more than a cursory overview. The tribunal does not "hear" your ET1.  They hear your evidence supporting the allegation you made in your ET1. Do you understand the difference? So evidence may still be collected and may come to light. Technically, right up to the hearing, although, in practice, you need permission to include any evidence not disclosed in the exchange of bundles. 

 

If you have already exchanged bundles, although seems unlikely, then you would need the permission of the tribunal to add further evidence. 

[Giantpanda]

Sangie5952

 

Thanks that has clarified what the ET1 form represents. We haven't made disclosures yet so I can include the relevant evidence then. Appreciate your help many thanks.