Miss. E. Pratley-Jones v Concord lifting Equipment Limited and 2 others — 2023

This preliminary hearing considered whether a settlement agreement dated 17 November 2021 between Miss E. Pratley-Jones and Concord Lifting Equipment Limited barred allegations made before that date, and whether an amendment application should be allowed. The Tribunal heard evidence from the claimant and Mr Chris Kerrison and applied section 147 of the Equality Act 2010. It found that the claimant had raised harassment allegations concerning sexual orientation and had discussed a payout for her hand injury and complaints before the agreement was signed.

Applying University of East London v Hinton and McWilliam & Ors v Glasgow City Council, the Tribunal held on the balance of probabilities that the settlement agreement covered both the claimant's hand injury and her harassment allegations, and that both parties knew which complaints were being settled. It therefore held that it had no jurisdiction to hear allegations predating the settlement agreement. The Tribunal said the claimant's post-settlement claims, arising after her re-employment from 3 January 2022, were in time and would continue to a full hearing; it did not decide their merits.

The Tribunal allowed the claimant's amendment application. Applying Selkent Bus Company Ltd v Moore and Vaughan v Modality Partnership, it accepted that the proposed amendment was a re-labelling of allegations already pleaded and known to the respondents, found no undue prejudice, and said the balance of hardship favoured allowing it. It also made case-management directions for a draft list of issues, responses, and a timetable for the final hearing.