Claimant v Scottish Enterprise
Outcome
Individual claims
This is a preliminary hearing on amendment application. The existing direct sex discrimination claim remains live and will proceed to final hearing.
This is a preliminary hearing on amendment application. The existing harassment claim remains live and will proceed to final hearing.
Dismissed for want of jurisdiction by EJ Doherty on 2 August 2023. Reconsideration application refused on 13 September 2023.
Facts
Claimant brought claims of direct sex discrimination and harassment. His unfair dismissal claim had previously been struck out for want of jurisdiction. In November 2023, nearly two years after filing his ET1, the claimant sought to amend to add whistleblowing detriment claims relating to events in May 2021 and November 2022, and a further sex discrimination claim relating to January 2023. The respondent opposed the amendment.
Decision
The tribunal refused the amendment application. The tribunal found the claimant was seeking to introduce wholly new causes of action that were significantly out of time (12-18 months late) with no explanation for the delay. The balance of prejudice and hardship favoured the respondent given the passage of time, impact on witness recollection, and that allowing amendment would delay proceedings already two years old.
Practical note
Amendment applications to add wholly new causes of action significantly out of time will be refused where there is no explanation for delay and allowing amendment would cause significant prejudice to the respondent and further delay to long-running proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 8000123/2023
- Decision date
- 13 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No