Ms R Koser (Solicitor) For the v Ms K Ayre (Solicitor) — 2021

At an open preliminary hearing on 4 June 2021, Employment Judge Gaskell dealt with the claimant's application to amend the claim following earlier case management directions from Employment Judge Meichen. The case had already been case managed on 21 February 2021, and the claimant had been ordered to provide further particulars.

The tribunal refused permission to amend to include allegation 2(b), but granted permission to amend to include allegation 2(t). The further particulars made clear that allegations 2(a), 2(b), 2(m) and 2(o) were pleaded as acts of racial harassment in the alternative to direct race discrimination, and the respondent did not object to those allegations proceeding on that basis.

In allowing the amendment for allegation 2(t), the tribunal recorded the claimant's account that he became aware of the relevant facts at the beginning of February 2021, in conversation with Mr Malcolm Clifford and Mr Alex Capok, and that the disclosure of confidential information said to amount to an act of direct race discrimination was by Mr Paul Godding. The tribunal expressly made no finding on whether it had jurisdiction to hear allegation 2(t), leaving timeliness or any extension of time to the final hearing panel. The parties were directed to file an updated agreed list of issues by 16 July 2021, and the case remained listed for final hearing in January 2022.