Written by Employment Tribunal · amendment applications · costs threats
A litigant in person can manage both an amendment application and a costs-threat response by doing three things well: identify the issue clearly, explain the procedural position calmly, and show the tribunal that they are acting reasonably and in good faith.
Publication snapshot
- Part 1 explains how to draft an application to amend an Employment Tribunal claim.
- Part 2 explains how to respond to a wasted costs or costs warning letter.
- The guide focuses on constructive dismissal, post-resignation victimisation, limitation, prejudice and tone.
Part 1: drafting an application to amend your claim
Once an ET1 has been submitted, a claimant cannot simply change it without the tribunal’s permission. If a litigant in person wishes to add new claims, such as constructive unfair dismissal or post-resignation victimisation, they will need to make a written application to amend.
The tribunal will examine the request carefully, particularly where the amendment introduces new issues or is made late in the process. The safest approach is to provide a clear written application and a draft amended claim showing exactly what is being changed.
How to draft the amendment application
1. Use a proper heading and format
Write a formal letter or document addressed to the tribunal. Include the case name, case number and a clear title, such as “Application for Leave to Amend Claim”. Open by stating that you seek permission to amend your claim.
2. Identify the amendments precisely
Specify exactly what new claims or changes you want to add. Avoid vague wording. Say, for example, that you seek to add constructive unfair dismissal and post-termination victimisation arising from identified events.
3. Attach a draft amended claim
Attach a draft amended ET1 or integrated amended particulars showing the new wording. Highlighting or track changes can help the tribunal and respondent see what is proposed.
4. Explain why the claims were not included earlier
Give a specific and honest explanation. The new events may have happened after the original ET1, or the claimant may only later have discovered evidence or obtained advice about the correct legal label.
5. Summarise the supporting facts
Set out the facts supporting the new claims. If the facts were already pleaded and the amendment is mainly a new legal label, say so. This can make the amendment easier to justify.
6. Address time limits directly
Do not leave limitation to one side. Explain when the relevant act or dismissal occurred, whether the claim is within time, and if not, why the tribunal should still allow it.
7. Invoke fairness and the overriding objective
Explain that the amendment will help the tribunal decide all relevant issues fairly and efficiently. Address prejudice to both sides and explain why the balance favours permission.
8. Copy the respondent
Send the application to the respondent or their solicitor at the same time as the tribunal, and keep proof of sending. This avoids procedural criticism later.
Common mistakes to avoid in amendment applications
Delay and vagueness
- Do not wait once you realise an amendment is needed.
- Do not ask to “add some facts” without identifying the precise changes.
- Do not leave the tribunal guessing what legal claims are being added.
Missing explanation
- Explain why the amendment was not in the original ET1.
- Address time limits, especially for unfair dismissal and Equality Act claims.
- Deal with prejudice to the respondent as well as prejudice to you.
Poor tone
- Keep the document formal and polite.
- Avoid accusations and emotional commentary.
- Frame the request as a procedural application, not a grievance letter.
A well-structured application identifies the new claims, explains the reason for the amendment, addresses timing and prejudice, and appeals to the tribunal’s sense of fairness.
Part 2: responding to a wasted costs or costs warning letter
A respondent’s costs-warning letter can be intimidating, especially for a litigant in person. Such letters are often designed to create pressure and make the claimant reconsider continuing.
It is important not to panic. Employment Tribunal proceedings are generally not ordinary civil costs litigation. Costs orders are possible, but they are usually exceptional and depend on conduct, prospects and the relevant procedural threshold.
How to draft the response
1. Stay calm and professional
Use a measured tone. The letter may later be shown to the tribunal, so write for a neutral judge as much as for the respondent’s solicitor.
2. Use formal structure
Include the date, case reference and subject line. Acknowledge the letter, state that you have considered it, and set out your position clearly.
3. State the threshold
Explain, in plain terms, that costs orders are exceptional and require the relevant threshold to be met. Say that you do not accept your conduct meets that threshold.
4. Answer the allegations one by one
If the respondent says the amendment is hopeless, out of time or unreasonable, respond directly. Keep the answers factual and concise.
5. Avoid admissions
Do not say your case is weak, apologise for pursuing it, or reveal unnecessary strategy. Courtesy does not require concession.
6. Close firmly but cordially
Invite the respondent to reconsider whether a costs application is appropriate and state that you intend to continue acting reasonably in the proceedings.
Common mistakes to avoid in costs-threat responses
Do not react emotionally
- Avoid insults, sarcasm, anger and exclamation marks.
- Do not sound cowed by the threat.
- Keep the tone calm, firm and factual.
Do not ignore the substance
- Answer the specific allegations in the warning letter.
- Do not rely only on generic statements that costs are rare.
- Preserve a copy and proof of sending.
Do not escalate unnecessarily
- Avoid counter-threats unless there is a clear basis.
- Do not over-argue the whole case in a costs response.
- Do not introduce fresh allegations unless they are strictly relevant to the costs issue.
A good response positions the claimant as rational, informed and procedurally responsible. That matters if the tribunal later reads the correspondence.
Conclusion: good drafting is credibility management
A litigant in person can manage both an amendment application and a costs-threat response by being organised, factual and courteous.
For the amendment application, the key is to detail what you want to add, explain why the amendment is fair, address timing and limitation, and provide a structured request. For the costs response, the key is to remain calm, counter the allegations methodically, and demonstrate that you are acting reasonably.
Legal disclaimer
The content of this article is for general information only and does not constitute legal advice. No solicitor-client relationship is created, and no liability is accepted for any loss arising from reliance on these materials. Always seek independent, qualified advice on your own circumstances.