Mr I Khan v First Glasgow (No.1) Limited — 2021

At a chambers hearing on 30 November 2020, Employment Judge R McPherson considered the claimant's opposed application to amend the ET1 in proceedings brought by Mr I Khan against First Glasgow (No 1) Ltd. The underlying case included unfair dismissal and direct race discrimination claims arising after his employment as a bus driver ended on 29 November 2019. The proposed amendment, intimated on 3 September 2020, sought to add an allegation that the respondent's failure to reinstate him after dismissal for using the camera function of his phone while driving was a further act of direct race discrimination, based on additional comparators said to have been dismissed and later reinstated.

The tribunal refused the amendment. It held that the draft wording did not give fair notice because it did not identify the proposed comparators by name, did not say when the comparator treatment occurred, and did not explain the basis on which they were said to be proper comparators. The judge found that allowing the amendment would require the respondent to meet new factual issues and would prejudice preparation for the final hearing. The tribunal considered the Selkent approach and the other authorities cited, but concluded that this was not a case where the proposed amendment could be treated as a mere relabelling or allowed without prejudice.