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Beresford v (1) Sovereign House Estates (2) Humphries - The permissible bases for joining a third party as a respondent [2011] EAT

Other than - arguably - where a respondent wishes to make a claim against a third party for contribution towards any remedy ordered, there is no power to order a third party to be made a respondent to proceedings where he does not wish this and the claimant has expressly disavowed any intention of pursuing any claim or remedy against that third party.  

Ms Humphries brought employment tribunal claims against Sovereign House Estates (SHE) claiming that she had been sexually harassed by her colleague Mr Beresford and victimised when she complained. She had resigned as a result, and so also made a constructive unfair dismissal claim. At the time of this appeal none of these matters had been decided. Mr Beresford had, meanwhile, left SHE's employment (and, in fact, brought an ET claim himself). SHE denied Ms Humphries's claim, and also pleaded the statutory defence to remove liability for any actions of Mr Beresford. 

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