An employment tribunal is not prevented from adding a Respondent to proceedings where the Respondent being added is not named on the Early Conciliation certificate according to Drake International Systems Ltd and Others v Blue Arrow Ltd.
This was a TUPE case. The Claimant was a transferee seeking to claim against a transferor. He sought to amend the claim to add four subsidiary companies as Respondents. Upholding the decision to allow the amendment, the Judge held that a claim had been properly instituted.