EC certificate not required for a claim added by way of amendment

In Science Warehouse Limited v Mills the EAT held that a Claimant did not need to go through the early conciliation process in respect of adding a victimisation claim by way of amending her existing claims of pregnancy/maternity discrimination. Amending the existing proceedings is within the case management powers of the Tribunal’s case management and the Tribunal is not required to refuse to add a claim in respect of which the early conciliation procedure had not been observed.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.