Finlay v (1) Cyron (2) Beam Global Spirits and Wine Inc & Others - Issues about joining party as a co-respondent  EAT
Where there is evidence that a party sought to be joined in proceedings as a co-respondent has contributed to the decision to dismiss which is the subject of those proceedings, then any dispute over whether he should be so joined should be resolved at a full hearing taking into account all of the factual evidence, and not at a preliminary stage.
Mr Finlay was the ninth respondent in a claim by Ms Cyron against Beam Global International Limited (Beam) for discrimination - a claim she brought against three companies in the Beam Group and five individual colleagues or managers. She claimed to have been made redundant because of various discriminatory assumptions made about her that she was not prepared to relocate to the USA. The claim was denied on the basis that the refusal to relocate had, in fact, come from her - information which came, in part, from her line manager Mr Finlay who was based in Illinois. When asked to provide statements to assist the Respondents' defence, Mr Finlay refused.