4102041/2020

Tesco Personal Finance plc

v J Murray

17 March 2022·Employment Tribunal·Scotland·M A Macleod

Respondent

Tesco Personal Finance plc

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Decision date

17 March 2022

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

M A Macleod

Case Summary

The Employment Tribunal granted the claimant’s application to amend her claims, but only insofar as relating to paragraphs 9 to 21 of the Scott Schedule submitted on May 6, 2021. Paragraphs 1 to 8 were excluded.

Key Issues

  • amendment of claim
  • prejudice to the claimant if amendment allowed
  • just and equitable considerations

Decision Text

Full PDF

ETZ4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4102041/20 (V) Preliminary Hearing by Cloud Video Platform (CVP) on 7 May 2021 Employment Judge: M A Macleod 10 Joanna Murray Claimant Represented by Ms L Neil Solicitor 15 Tesco Personal Finance PLC Respondent Represented by 20 Ms C Goodman Barrister JUDGMENT OF THE EMPLOYMENT TRIBUNAL 25 The Judgment of the Employment Tribunal is that the claimant’s application to amend is granted, but only insofar as relating to paragraphs 9 to 21 of the Scott Schedule submitted to the Tribunal on 6 May 2021; paragraphs 1 to 8 are excluded. 30 REASONS 1. In this case, a Preliminary Hearing (Open) was listed to take place on 7 May 2021 by CVP in order to determine whether the Scott Schedule 35 presented by the claimant in response to Orders by the Tribunal amounts to an application to amend the claimant’s claim, and if so, whether that application to amend should be granted. 4102041/20 Page 2 2. The claimant attended and was represented by Ms Neil, her solicitor. Ms Goodman, barrister, appeared for the respondent. 3. The claimant gave evidence on her own behalf. 4. The Tribunal was presented with a number of documents, including different versions of the Scott Schedule. Accordingly, it is important to set 5 out the procedural history of this matter prior to determining the facts upon which the decision will be based. Background 5. The claimant presented her claim to the Employment Tribunal on 3 April 2020. 10 6. A Preliminary Hearing took place on 27 August 2020 before Employment Judge Buzzard, following which a Note was issued, the terms of which are referred to for their content.

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