Ms I Ulrick v Travelodge Hotels Ltd — 2022

This was a preliminary hearing addressing time limits, jurisdiction and an amendment application. The tribunal held that the claimant's claims for unpaid travel expenses and two hours' unpaid work could proceed as breach of contract claims because they were outstanding at termination. The unpaid travel time claim under the Working Time Regulations was out of time; the claimant had not shown that it was not reasonably practicable to present it in time.

The claimant sought at the hearing to rely on a 18 May 2021 rota allegation as race and age discrimination. The tribunal held that this required an amendment because the allegation had not previously been pleaded as a discrimination complaint. Applying the amendment authorities, the tribunal refused permission, finding that the allegation was raised late and would materially affect the limitation position.

Following refusal of the amendment, the last pleaded race and age discrimination allegations were treated as occurring by 1 November 2020. The tribunal found those discrimination claims out of time and concluded that the claimant had not persuaded it that it was just and equitable to extend time, taking into account the lack of a good explanation for delay and likely evidential prejudice to the respondent in addressing management decisions dating back to 2019 and 2020.