||All England Reporter
|| All ER (D) 274 (Oct)
|| EWCA Civ 1363
||Court of Appeal, Civil Division
Waller, Chadwick and Maurice Kay LJJ
||Heather Williams (instructed by Miller Law Practice) for the applicant.
||Robert Thomas (solicitor advocate of Eversheds LLP, Cardiff) for the respondents.
||21 October 2004
Discrimination - Racial discrimination - Employment - Claim for direct and indirect discrimination - Requirement for amendment of claim out of time - Test to be applied - 68.
The question whether an originating application before an employment tribunal contained a claim had to be judged by reference to the whole document. If an amendment was required it made no difference whether the test to be applied was whether it would be 'just and equitable' to permit an amendment or whether on the 'balance of hardship and justice' there should be an amendment.
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