Mr E Veizi v - Barrister Glasgow City Council — 2020

At the preliminary hearing on 9 March 2020, Employment Judge R Gall considered the claimant's application to amend his pleadings, made on 14 February 2020. The tribunal applied the principles in Selkent Bus Co v Moore and noted that the proposed amendment arose mainly from documents disclosed by the respondents in response to orders of the tribunal, together with some material already known to the claimant.

The judge accepted that the amendment raised a number of matters that would require cross-examination and that the claimant could not speak to all of the documents referred to because they were outside his direct knowledge. The tribunal also noted that there were some new matters, including an allegation in the proposed amended pleadings that Mr Francis Scott had made racist and defamatory statements, which only became possible after the recent disclosure.

Balancing the timing of the application, the explanation for it, and the prejudice to each side, the tribunal allowed the amendment in the interests of justice and the overriding objective. Because the hearing was listed to begin on 12 March 2020, the tribunal postponed that diet and permitted the respondents 28 days to respond to the amendment. The tribunal made no order for expenses, and indicated that time-bar issues arising from the new matters could be reserved for the substantive hearing.