Claimant v West Thames College

Outcome

Facts

The claimant applied to amend her claim form on 13 February 2025 to add allegations of conduct by Mr Stober of the respondent between March 2023 and March 2024. The claimant cited bereavement and an accident as reasons for delay in formulating the amendment. The allegations involved serious claims of sex discrimination and sexual harassment. The original claims also contained some complaints against Mr Stober. The case had experienced procedural delays due to lost correspondence.

Decision

The tribunal granted permission to amend despite the claims being substantially out of time. The judge found that on balance, the prejudice to the claimant in refusing the amendment outweighed the prejudice to the respondent. Key factors included the serious nature of the allegations, the procedural history causing delays, the case not having substantively progressed beyond initial stages, and the Galilee principle that time limits should be determined at full hearing. The respondent retains the right to apply for strike out or deposit orders.

Practical note

Legal authorities cited