In person For the v Respondent — 2018

At a preliminary hearing on 3 July 2018 before Employment Judge H Williams QC sitting alone at London South, the tribunal considered the claimant's application to amend her claim. A prior case management order had required her to set out in detail any race, sex, or part-time worker complaints she wished to pursue. The tribunal was only deciding whether to allow the amendment applications; it was not determining the merits of the underlying unfair dismissal claim.

By email of 20 February 2018, the claimant sought to add race discrimination, sex discrimination, and further part-time worker allegations. The race and sex points concerned matters including a bonus, questions about qualifications, salary deductions, reluctance to accept flexible working, and treatment as a sole parent and carer. The part-time worker application sought to add allegations about delay in handling the request to work part-time, reluctant approval, and treatment when applying for annual and compassionate leave.

Applying Selkent Bus Co v Moore and Presidential Guidance Note 1, the tribunal held that the proposed amendments introduced new factual allegations and, for race and sex, new causes of action. Most of the matters relied on were many years old, the explanation for not including them earlier was not accepted, the passage of time was likely to affect the evidence, and allowing the amendment would significantly expand the case and likely delay the listed final hearing. Balancing the hardship to both sides, the tribunal refused permission to amend, so the proposed race, sex, and additional part-time worker complaints did not proceed.