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

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.