Miss MJ Martins Pereira v Spectris plc — 2019

The claimant applied to add Mr Serfozo, the respondent's General Counsel and Company Secretary, as an additional respondent. The tribunal found that any claim against him was out of time: the effective date of termination was 25 February 2019, the relevant deadline was 27 May 2019, ACAS early conciliation with Mr Serfozo did not start until 13 June 2019, and the ET1 naming him was presented on 14 June 2019, 18 days late. The claimant argued that the matter should be treated as an amendment under the Selkent principles, or alternatively that time should be extended on the just and equitable basis under s.123(1)(b) Equality Act 2010.

The tribunal rejected both routes. It held that the proposed addition was not a minor amendment and that the proposed second respondent would suffer prejudice from being joined, whereas the claimant remained able to pursue the first respondent on the same facts. Applying Robertson v Bexley Community Centre T/A Leisure Link, the tribunal said the burden was on the claimant to show that it was just and equitable to extend time. It found that ignorance of the ability to sue an individual respondent was not enough, there was no concrete evidence that mental health issues prevented a timely claim, and the application to add Mr Serfozo was refused.