Case 1600930/2019 · Employment Tribunal
Mr B Sani v Cardiff and Vale University Local Health Board and 1 other — 2021
- Case reference
- 1600930/2019
- Decision date
- 9 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Representation
- Venue
- By video
Parties
3 namedClaimant
Mr B Sani
Key findings
Tribunal's reasoningThis preliminary hearing considered the claimant's application to amend his claim. The claimant sought to add a further allegation to his victimisation claim concerning alleged conduct by his line manager in July 2019, and also referred to advice that his resignation might constitute constructive dismissal.
The tribunal applied Selkent Bus Co Ltd v Moore and considered the nature of the amendments, time limits, the timing and manner of the application, and the balance of prejudice. It found that the proposed victimisation amendment was a new factual allegation and that the constructive dismissal claim was an entirely new cause of action. Both were substantially out of time, and the claimant had already had earlier opportunities to amend and particularise his claim.
The tribunal concluded that the constructive dismissal application lacked particulars and that allowing the amendments would require further enquiry, witness evidence and possible documents, as well as postponement of the listed final hearing. The application to amend was refused.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Victimisation | The tribunal refused the claimant's application to amend by adding a new factual allegation to an existing victimisation claim. The merits of the existing victimisation claim were not determined in this preliminary hearing. | Other | — | — |
| Constructive dismissal | The tribunal refused the claimant's application to amend by adding a constructive unfair dismissal claim. The merits of any constructive dismissal claim were not determined. | Other | — | — |
Legal tests applied
1 reference- Selkent Bus Co Ltd v Moore 1996 ICR 836
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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