In Person, accompanied by her sister For the v Respondent — 2022

The claimant presented her ET1 on 27 March 2021, ticking race and sex discrimination and adding a victimisation narrative after raising a grievance against senior manager Michael Harris. At a later case management hearing, Employment Judge Khalil required further information. In this hearing on 27 October 2022, the tribunal identified the main factual matters said to support the claim: a meeting on 19 May 2020 at which Mr Harris referred to Mr Tyler as a "chauvinist pig" and said he "might be partially racist", a recommendation that the claimant mediate with Mr Tyler, an alleged failure to address her continued management of Mr Tyler, and the way Mr Tyler was treated in the redundancy assessment.

Applying the amendment principles in Selkent Bus Company Ltd v Moore, together with Chapman v Simon, Foxtons Ltd v Ruwiel, Woodhouse v Hampshire Hospitals NHS Trust, Vaughan v Modality Partnership and Chandhok v Tirkey, the tribunal granted the claimant's application to amend. It held that the proposed changes were additions of factual detail to existing allegations rather than new causes of action. The respondent's strike-out application under rule 37 of the Employment Tribunals Rules was dismissed because the claims were not shown to have no reasonable prospect of success, but the tribunal made a deposit order under rule 39 because there were merits issues. The judgment did not decide the substantive discrimination claims, and any time-limit issues under section 123 of the Equality Act 2010 were left for the full hearing if needed.