(1) Mr G Onos (2) Mr P Garabagiu v Mr D M Ferris and 2 others — 2024

The tribunal dealt with a preliminary jurisdictional and case-management issue concerning the First and Second Claimants' claims against the Third Respondent. Each claimant had pleaded that the Third Respondent was a hirer who promised to pay if the other respondents did not pay for work done between 14 October 2022 and 9 November 2022. On the hearing day, the Claimants sought to amend their ET1s to allege that the Third Respondent employed them from 17 October 2022 to 9 November 2022 and had agreed to retrospective payment for 14 to 16 October 2022, using the same daily rates, weekend rates, holiday entitlement and notice terms.

The tribunal refused the amendment. Applying the authorities on amendments and the overriding objective, it held that the proposed change was substantial because it would bring the claims within the Employment Tribunal's jurisdiction when they were not. It also held that, if treated as a new claim, the matter would be about 15 months out of time and the Claimants had not made out either limb of the stricter time-limit test. The tribunal accepted that the Claimants' solicitor had experienced serious health difficulties, but found that this was outweighed by the long delay, the fact that the Second Claimant and his solicitor had seen the Third Respondent's Response since 27 June 2023, and the prejudice to the Third Respondent from a further change in the case and possible re-listing.

Having refused amendment, the tribunal struck out each Claimant's claim against the Third Respondent under Rule 37(1)(a), saying the Tribunal had no jurisdiction to hear them and that they had no reasonable prospect of success. The strike-out was stated to have no effect on the claims against the First and Second Respondents.