Mr G Allan v Compass Group UK & Ireland Ltd — 2020

At a public preliminary hearing, the Tribunal granted the Claimant leave to amend his particulars of claim in accordance with the draft amended particulars dated 11 September 2019 and additional claims set out in his solicitors' letter dated 19 November 2019.

The Tribunal found that the proposed amended claims raised new causes of action, but that the main issue was whether allowing or refusing the amendment would cause injustice or hardship. It accepted that the Claimant had given his former solicitors the documents needed to submit the claims now set out in the amended particulars, had raised concerns that the original ET1 did not include the facts and claims he wanted to pursue, and had been told those matters would be put forward later or form part of his witness statement.

The Tribunal concluded there would be considerable injustice and hardship to the Claimant if the amendment were refused. It found no significant prejudice or hardship to the Respondent, noting that the case was listed for September 2020 and that many of the matters had or may have been investigated through the internal grievance process. The Tribunal also noted that the Respondent's point about four witnesses having left the company had not been developed in evidence or submissions in sufficient detail to show substantial hardship.