Mrs A Mahmood v Santander UK plc — 2024

The Tribunal gave reasons for case management decisions made at a private preliminary hearing. It ruled that communications through ACAS conciliation were inadmissible under section 18(7) Employment Tribunals Act 1996 because the respondent did not consent to their admission, and directed that identified documents containing such material be removed from the main Tribunal file and placed under a separate without prejudice tab.

The Tribunal set aside a previous case management order because it had been made on the mistaken basis that the respondent had not been validly served, and because the claimant had not had an opportunity to make representations. It then extended time for the respondent to present its response to 24 October 2024, finding that the delay was significant and the explanation was not a good one, but that the respondent had acted relatively promptly once aware of the claim and that the prejudice of refusing an extension outweighed the prejudice to the claimant.

The Tribunal granted the claimant permission to amend her claim in the terms of her 27 September 2024 application, subject to removal of inadmissible ACAS material, and granted the respondent permission to file an amended response by 21 January 2025. A further potential amendment application for indirect maternity discrimination was not determined; directions were made for any such application to be submitted so it could be considered at a further preliminary hearing.