Case 1602328/2023 · Employment Tribunal
Mr F Dela Cruz v B Braun Avitum UK Ltd — 2024
- Case reference
- 1602328/2023
- Decision date
- 27 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge C Sharp Representation
Parties
2 namedClaimant
Mr F Dela Cruz
Respondent
Key findings
Tribunal's reasoningThe claimant applied to amend his claim. Typographical amendments to the grounds of complaint were permitted because the respondent did not object, but the tribunal did not treat the claimant as applying to amend his constructive unfair dismissal claim after he repeatedly said he was not seeking to add further breach of contract allegations.
The tribunal refused permission to add 19 further allegations of direct race discrimination. It found that the proposed amendments would substantially expand the claim, put the listed final hearing dates at risk, had been brought outside time without a sufficient basis to extend time, appeared to have little or no merit for the reasons given, and would cause the respondent considerable prejudice.
The tribunal also refused permission to add a harassment claim under s26 Equality Act 2010. It found that harassment had not been pleaded in the original claim form, was a wholly new claim rather than a relabelling of existing matters, was out of time, and that the allegations did not explain or obviously show a relationship to race.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The judgment refused permission to amend the claim to add 19 further allegations of direct race discrimination. It did not finally determine any existing race discrimination claim. | Dismissed | Race | — |
| Harassment | The judgment refused permission to amend the claim to add a new harassment claim under s26 Equality Act 2010. The tribunal treated it as a wholly new claim and declined to extend time. | Dismissed | Race | — |
Legal tests applied
8 references- Cox v Adecco UK Limited and others
- Chandhok v Tirkey
- Cocking v Sandhurst (Stationers) Ltd
- Selkent Bus Co Ltd v Moore
- Abercrombie v Aga Rangemaster Limited
- Vaughan v Modality Partnership
- Transport and General Workers Union v Safeway Stores Ltd
- s26 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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