A v West Berkshire Brewery plc (In administration) and 2 others — 2024

The judgment concerned applications by R2 and R3 to set aside an earlier order adding them as respondents to proceedings arising from the claimant's complaints. The tribunal recorded that the claimant's complaints included constructive unfair dismissal, direct sex discrimination, harassment related to sex, sexual harassment, victimisation and holiday pay, but this preliminary judgment did not decide those substantive claims.

The tribunal dismissed R2's application, finding that the balance of hardship and injustice favoured the claimant. It noted that the claimant had not widened or added a new complaint against R2, that R2 was alleged to have been personally involved in the incident forming part of the Equality Act claims, and that delay in processing the application was caused by tribunal administration rather than the claimant.

The tribunal allowed R3's application and revoked the order joining her as a respondent. It found that R3 had acted in the course of her employment, that the claimant had not named R3 in the particulars of claim as making allegations of victimisation until the preliminary hearing, and that the balance of hardship and injustice favoured R3. The tribunal also made an anonymisation order.