Mrs S Campbell v Tesco Personal Finance plc — 2020

This was a preliminary hearing on the claimant's application to amend her claim. Mrs S Campbell sought to add an indirect discrimination complaint under section 19 of the Equality Act 2010, said to arise from an alleged requirement that the post be filled by a full-time employee. The Tribunal allowed the amendment and held that the proposed PCP was naturally to be seen as one for an indirect discrimination claim, and more readily fitted section 19 than direct discrimination.

The Tribunal considered the respondent's argument that the claimant had disavowed indirect discrimination at an earlier preliminary hearing and rejected it. It found that it was not clear that any such disavowal had occurred, and that the claimant had raised the issue promptly after receiving the note of the earlier hearing and the amended grounds of resistance. The Tribunal also took into account that the claimant was representing herself and did not have legal experience.

On time limits and prejudice, the Tribunal accepted the respondent's submission that amendment would introduce a new claim, but held that the balance of hardship favoured the claimant. It noted that the claim form contained a reasonably strong link to indirect discrimination because the claimant had referred to being disadvantaged as a part-time employee. It also found little real prejudice to the respondent, and no material delay likely to result from allowing the amendment. The judgment did not determine the merits of any discrimination complaint and made no award of compensation. The Tribunal recorded that the respondent remained able to deny that the PCP was applied and, if it was, to argue that it was objectively justified.