Mrs T Wijesinghe v Represented by:- James Collier - Paralegal Teleperformance Limited — 2018

At a preliminary hearing in Glasgow on 12 June 2018, Employment Judge Robert Gall considered the claimant's application to amend the claim by adding further particulars and, initially, by adding Ms Cooper and Mr Nelson as respondents. After discussion, the claimant did not insist on adding those individuals because the respondent undertook that Teleperformance Ltd accepted responsibility for any finding of discrimination in relation to the acts of Ms Cooper and/or Mr Nelson, and the case would continue only against Teleperformance Ltd.

The tribunal accepted the respondent's response even though it was lodged one day late, relying on rule 5 and finding no prejudice to the claimant. It then considered the amendment application by reference to Selkent, Cocking and Kusnetsov, and balanced the injustice and hardship to each side, including the stage of the proceedings, the timing of the application, and the need to give fair notice of the case.

The judge allowed the additional information and further and better particulars to be added to the claim. The judgment records that the claimant had now given the detail requested and that the case involved allegations described as direct discrimination, harassment and victimisation, but it does not determine those allegations on their merits. A further case management preliminary hearing was fixed for 12 July 2018, and no remedy was awarded in this judgment.