Mrs I Neata v Genting International Limited — 2022

Mrs I Neata presented a claim on 5 August 2020 that included unfair dismissal and other complaints. At the reasons hearing on 2 November 2022, Employment Judge Kelly held that the tribunal had no jurisdiction to hear the unfair dismissal claim because the claimant remained in employment.

The claimant later applied to amend the case to add race discrimination. The tribunal found that the proposed amendment was not a mere relabelling exercise because the claim form did not identify race discrimination or any causal link between the alleged treatment and race, and the claimant did not refer to race in her further information emails from 2020. The tribunal also found that the proposed race discrimination claim would be a new claim and would require a different factual enquiry.

Applying the principles in Selkent Bus Co Ltd v Moore and the just and equitable extension approach under s.123 EQA 2010, the tribunal held that the race discrimination claim was substantially out of time, that there was no good reason for the delay, and that the respondent would be prejudiced by having to investigate events from around two years earlier. The tribunal therefore refused the amendment. As a result, no claims remained and the claim was dismissed.