Why Your Case Management Note Matters More Than Your First Email

Introduction

When you’re bringing a case to the Employment Tribunal, it’s easy to think every email and document you’ve sent will carry equal weight. But as this case shows, what really matters is the final written document the Judge has in front of them on the day.

What Happened in the Case

Mr Vessey had originally set out in an email that he wanted to add new claims — including harassment and reasonable adjustments. Later, with legal help, his representative prepared a “Note” for the hearing. That Note only included three claims: direct discrimination, discrimination arising from disability, and indirect discrimination. And all of them were focused on his dismissal.

The Tribunal allowed those three claims — but not the others. Mr Vessey later argued that his earlier email should also count.

The Employment Appeal Tribunal (EAT) disagreed.

“The Tribunal was entitled to treat the Note as the accurate and exhaustive statement of the claims sought to be added.”

In plain English: the Judge was allowed to rely only on the final Note, not on earlier drafts or emails. This is especially important at Case Management Hearings ("CMH's") where the list of issues the tribunal will be asked to decide at the Final Hearing are set and applications to amend are heard.

Why This Matters

If you’re representing yourself, this shows how vital it is to be clear and consistent about what claims you are pursuing. Once you put something in writing at a hearing — especially if it’s labelled as your “Note” or “Summary” — the Tribunal can and will treat it as final.

“The fact that the Note used the words ‘in summary’ could not rescue the appellant.”

That means if your Note leaves something out, it’s gone. The Tribunal isn’t obliged to dig back through emails to add it in.

The Tribunal’s Reasoning

The EAT confirmed: Judges can rely on the amendment request as put forward at the hearing. They only need to give reasons on the issues actually argued. Earlier references that are not carried forward into the Note won’t be treated as live claims.

As the EAT explained:

“Reasons are required only on disputed issues.”

In other words, if you don’t argue the point at the time, the Tribunal doesn’t have to address it.

5 Practical Tips

• Think ahead – what you put forward now shapes your whole case later
• Check the order carefully – if something is missing, ask for reconsideration immediately.
• Be explicit about what’s out – if you’re dropping a claim, say so.
• Don’t rely on earlier emails – if it’s not in the final document, it won’t count.
• Get your amendment in writing – make sure it lists every claim you want to add.

Conclusion

This case is a reminder: the Tribunal works with the documents in front of it, not with what you hoped or thought you had included. Being precise, clear, and complete at each step protects your position down the line.

Sources

Mr Charles Vessey v Richmond Photography Ltd [2025] EAT 135

Selkent Bus Co Ltd v Moore [1996] ICR 836