Ms K Townsend v Paper London Limited (In administration) — 2024

This was a public preliminary hearing on the claimant's application to amend her claim and to join Ms Philippa Thackeray as a respondent. The claimant had been employed as Creative Director from 1 February 2011 until her summary dismissal for gross misconduct on 24 March 2023. She had presented an ordinary unfair dismissal claim on 20 June 2023, and the judgment records that an earlier amendment to add an automatic unfair dismissal complaint under s103A ERA 1996 had already been granted at the 6 June 2024 preliminary hearing.

The application before Employment Judge Bansal concerned a proposed amendment to add a detriment claim under s47B(1A) ERA 1996 for protected disclosures, together with an application to join Ms Thackeray. The tribunal applied the general case management powers in Rules 29 and 34 of the ET Rules of Procedure 2013 and the amendment guidance in Selkent, together with the authorities cited on joinder and delay, including Gillick, Drinkwater Sabey, Vaughan and Ladbrokes Racing. It accepted that the application was made out of time, but found that the delay was explained by the claimant's personal circumstances and poor mental health after dismissal, and by the time taken for new solicitors to obtain and review the file.

The tribunal found that the proposed amendment arose from the same background facts as the dismissal claims, that Ms Thackeray had been heavily involved in the dismissal, and that the draft particulars gave sufficient information for her to respond. It did not accept that the amendment would require a wholly new line of enquiry or that the cogency of the evidence would be materially affected. It also found no relevant prejudice to the respondent or Ms Thackeray, noting that the respondent was in administration and that the final hearing remained listed for 3 to 6 February 2025.

Balancing the hardship on both sides, the tribunal held that refusing the amendment would significantly prejudice the claimant because she would lose the opportunity to pursue the new cause of action and was unlikely to have an effective remedy against the respondent in administration. It therefore granted the amendment to add the detriment complaint and granted joinder of Ms Thackeray. No remedy or merits findings were made in this judgment.