Mr N Glenn v Represented by Ms A Smillie HOKO Design Ltd — 2021

At a preliminary hearing on 30 September 2021, Employment Judge A Kemp considered whether to permit amendments to the claimant's case. Applying the overriding objective and the Selkent approach, the tribunal allowed the claimant to add the alleged incident of 5 April 2021 to the existing section 26 Equality Act 2010 harassment claim. The judge treated that point as additional factual detail rather than a wholly new cause of action, noted that it had been foreshadowed in the agenda return, and held that any delay beyond the primary time limit was slight and just and equitable to overlook.

The tribunal also allowed a new section 100 Employment Rights Act 1996 claim and a new section 15 Equality Act 2010 disability discrimination claim. On section 100, the judge considered the amendment to be a new label for an existing unfair dismissal case linked to health and safety/Covid-19 compliance, with limited prejudice to the respondent. On section 15, the judge described the issue as finely balanced but concluded that the balance of hardship and prejudice favoured the claimant, noting that the merits were not straightforward and that a potential objective justification defence would need to be pleaded. No merits decision was made; the judgment is solely an amendment decision.