Mrs P Elliott v Barnet and Southgate College PRELIMINARY HEARING — 2021

The claimant applied on 27 April 2020 to amend her claim to add what she described as ongoing post-employment victimisation under section 27 of the Equality Act 2010. The alleged detriment was the respondent's failure to send her an unredacted copy of the Nazars report between 30 April 2019 and 31 August 2019, which she said prevented or undermined her appeal against the High Court judgment of Master Cook. The tribunal treated the application as an amendment to introduce a new cause of action based on events after the ET1.

Employment Judge Alliott found that the proposed amendment would require a significant increase in preparation and a fresh investigation into the High Court proceedings, the claims and submissions made there, and the surrounding judicial decisions. The judge noted that the claimant had been aware of the relevant facts by 31 August 2019, that the three-month time limit would have expired on 30 November 2019, and that the amendment application was not made until 27 April 2020. The judge held that it was not just and equitable to extend time.

The tribunal also took account of the timing of the application, which came after the final hearing had been converted into a preliminary hearing because of the pandemic, and described the application as opportunistic in that context. Balancing hardship to both parties, the tribunal concluded that it would not be fair and just to allow the amendment. The application was therefore dismissed, and there was no remedy award because the underlying proposed claim was not allowed to proceed.