Mr Kevin Harris (Counsel) For the v Respondent — 2019

At the open preliminary hearing on 4 September 2019, Employment Judge Alliott granted permission to amend the claim form to plead a redundancy protective award under section 189 TULRCA. The tribunal said the original claim already complained at paragraph 16 that the respondents had failed to consult about redundancy, so the amendment was treated as a labelling exercise rather than a new complaint.

The tribunal refused permission to amend the claim form to add indirect sex discrimination. It applied the amendment approach referred to in Abercrombie and considered the balance of hardship and injustice. The judge found the proposed amendment was a new claim that would require different factual and legal enquiries, including issues about recruitment and the workforce taken on by the first respondent in June and the following months, and would broaden the issues and prejudice the respondents at a late stage. The tribunal also noted the time limits point, given that the claim was issued on 28 September 2018 and the amendment was sought on 21 March 2019.

The order further recorded that the claims for statutory maternity pay, deduction from wages, and breach of contract in relation to maternity pay were dismissed upon withdrawal. The tribunal also corrected the first respondent's name to Cocktail Clothing Company Limited and made case management directions for amended responses, disclosure, the schedule of loss, the bundle, and witness statements. No monetary award was made at this hearing.