Case 1305075/2023 · Employment Tribunal
Claimant v Martin-Bower UK Ltd — 2024
- Case reference
- 1305075/2023
- Decision date
- 28 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Algazy KC
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningAt a public preliminary hearing on 14 March 2024, Employment Judge Gaskell considered Mr Mohamed Toure's application to amend his existing race discrimination claim against Martin-Brower UK Limited and individual managers. The proposed amendment sought to add two further instances of alleged direct race discrimination relating to recruitment decisions for an Admin Quality and Stock Control role, including one application in June 2022 and a later similar application a few months afterwards.
The tribunal refused permission to amend. It found that the proposed allegations were new claims rather than minor additions to the pleaded case, were substantially out of time, and had not been set out with sufficient detail. The judge noted that the claimant had not provided information about the requirements of the post, his own qualifications or suitability, or the successful applicant's details, and said that even at its highest the pleaded case did not disclose enough to ground a race discrimination claim or reverse the burden under section 136 Equality Act 2010.
The claimant said his memory had been affected by ill-health and produced a GP letter dated 12 March 2024, but the tribunal did not treat that as a sufficient explanation for omitting the allegations from the original claim, particularly as he had had assistance when the claim was first presented. The original pleaded race discrimination claim remained live for the final hearing listed for 28 to 31 May 2024.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal refused the claimant's application to amend his claim to add two further instances of direct race discrimination concerning recruitment decisions for an Admin Quality and Stock Control post. It was not a final determination of the pleaded claims. | Other | Race | — |
Legal tests applied
7 references- Selkent Bus Company v Moore (1996) UKEAT 151
- Harvey v Port of Tilbury (London) Limited [1999] ICR 1030 (EAT)
- Vaughan v Modality Partnership UKEAT/0147/20/BA
- Woodhouse v Hampshire Hospitals NHS Trust UKEAT/0132.12/DM
- Herry v Dudley MBC and anor EAT 0170/17
- s.123 Equality Act 2010
- s.136 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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