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Sunday, September 21, 2025
Understanding When a Second Tribunal Claim Becomes an “Abuse of Process”
When you’re taking a case to the Employment Tribunal, it’s not unusual for new issues to arise while your first case is still ongoing. But a recent case shows that you must be careful about how you deal with them.
Why This Case Matters
The tribunal system expects claimants to bring all their issues forward in one go. If new matters come up before your first case has finished, you may need to ask the tribunal to add them into your current claim. If you wait and bring a new claim later, the tribunal can strike it out as an “abuse of process.”
The Legal Principle in Plain English
The key principle is this:
- If you know about a new issue before your first case is heard, you should apply to amend your first claim.
- Even if the tribunal might refuse your amendment, you must at least give it the chance to decide.
- If you don’t, and you later start a fresh case about the same issues, the tribunal may refuse to hear it.
This rule comes from a long-standing case called Henderson v Henderson. The idea is to stop the same parties from fighting overlapping disputes in multiple cases
Get your List of Issues drafted correctly
What It Means for Litigants in Person
For claimants without lawyers, this can feel harsh. You may not know about amendment rules, or you might be focused on preparing for the first case. But the tribunal takes a strict view: you cannot hold back issues and bring them later.
5 Practical Takeaways for Claimants
For claimants without lawyers, this can feel harsh. You may not know about amendment rules, or you might be focused on preparing for the first case. But the tribunal takes a strict view: you cannot hold back issues and bring them later.
- Bring everything you can in one case. If something new happens before your first case is heard, think about adding it in.
- Apply to amend promptly. Even if late, it is safer to apply than to risk losing the right later.
- Evidence your reasons. If health or personal difficulties prevent amendment, gather medical or written proof at the time.
- Don’t assume the tribunal will “let you off.” If you hold back claims, the tribunal may treat that as an abuse.
- Ask for guidance. Tribunal staff cannot give advice, but you can ask them how to make an amendment application.
Conclusion
The lesson is simple: once you know about an issue, raise it. If you don’t, you may lose the chance to have it heard at all.
Got a CMH coming up?
Don’t risk it — get your List of Issues and Agenda done right and get tips to mean you can walk in confidently with my Case Management Preparation Service
Chronology of a claim
Disclaimer: Please note, none of the answers on this page or connected pages are legal advice, and whilst reasonable steps are taken to ensure its accuracy at the time of publication, the law changes regularly
🧭 Navigating your Claim
⏳ Chronology of a Claim
Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!
Try to settle the dispute without starting a claim.
Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3
Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").
The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.
You will be ordered to exchange all relevant documents with the other side.
You will need to write a detailed account of your evidence before the Final Hearing and possibly any Preliminary Hearing, and send it to the other side.
This is when your case is decided by the tribunal.
If you win, this stage decides compensation or reinstatement
You may be able to challenge the outcome — but only on limited grounds.
🎥 Other Resources
📚 Free Guide 📘
Click here for my free tribunal guide.
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