Mr. B Randall v Trent College Ltd — 2021

This was a reconsideration judgment, not a merits decision on the underlying unfair dismissal or victimisation complaints. Employment Judge Heap, sitting alone, considered written representations from both sides and applied Rules 70 to 73 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, including the requirement that reconsideration be necessary in the interests of justice and the overriding objective of dealing with cases fairly and justly.

The tribunal granted reconsideration, revoked the earlier refusal of the amendment application made on 25 May 2021, and allowed the amendment sought on 15 March 2021. A material factor was that the Claimant's second Claim Form had not been validly presented because it was sent only by email. The tribunal accepted that if a fresh Claim Form had to be presented, the additional unfair dismissal and victimisation complaints would be out of time, with the victimisation complaint potentially capable of an extension on a just and equitable basis and the unfair dismissal complaint less likely to satisfy the reasonable practicability test.

The tribunal also relied on the delay in the Tribunal's own handling of the amendment application and the failure to refer the second Claim Form to a Judge. It noted that, had the amendment been dealt with promptly, there was a chance it could have been granted while the existing hearing listing could still have been preserved. The tribunal considered that requiring a fresh claim would create additional time and cost and would not accord with the overriding objective.

The order records that the fresh complaints of unfair dismissal and victimisation were to be heard separately, by the same Tribunal panel if practicable, and not at the hearing listed to begin on 14 June 2021. The Respondent was ordered to file an amended ET3 within 28 days of the judgment being sent to the parties.