Ms S Beg v HSBC Global Services (UK) Limited — 2020

Ms Beg's third claim, presented on 6 August 2020, was a re-presentation of earlier proceedings and the tribunal found that the sex discrimination complaint had been presented outside the primary three-month time limit. The tribunal identified the relevant conduct for the pay-related complaint as ending by the end of September 2018 and noted that early conciliation extended the primary limit only to 27 January 2019, making the new claim substantially late.

Employment Judge Russell nevertheless held that it was just and equitable to extend time under section 123 of the Equality Act 2010. The tribunal placed weight on the claimant's prompt attempts to comply with the Tribunal's procedural directions, the confusion caused by the earlier handling of the claim, and the Tribunal's failure to reject the earlier claim when it should have done so in November 2018. The judge accepted that the passage of time caused only limited prejudice to the respondent and that contemporaneous documents would remain available.

The judgment also addressed the scope of the pay discrimination complaint. The tribunal held that the discriminatory pay claim was already pleaded in box 8.1 of the ET1 and did not require leave to amend, but it refused the late application to expand the case to 12 further comparators. Applying the Selkent approach and related authorities, the judge held that the proposed expansion was substantial, would materially widen the factual enquiry, would require postponing the final hearing, and would prejudice the respondent's ability to defend the case. Leave was granted only to add Mr Mohneesh Paranjpe as a comparator on claim 3.

The final hearing remained listed for liability only in January 2021. The judgment did not decide whether sex discrimination had occurred or make any monetary award.