Case 2206320/2018 · Employment Tribunal

Ms E Hearn, ELIPS For the v Respondent — 2019

Case reference: 2206320/2018
Decision date: 7 March 2019
Jurisdiction: England & Wales
Judge: Employment Judge Brown Representation
Venue: London Central

Indexed: 23 May 2026

Parties

1 named

Claimant

Ms E Hearn, ELIPS For the

Respondent

Key findings

Tribunal's reasoning

The claimant applied to add Robertson Bell Ltd to her existing claim against The English Sports Council and also presented a separate claim against Robertson Bell on 4 October 2018. The Robertson Bell claim alleged direct discrimination and victimisation in connection with the termination of her contract, the agency's subsequent lack of contact, and alleged destruction of records. Robertson Bell applied to strike out the claim as out of time and opposed the amendment.

Employment Judge Brown held that the allegations against Robertson Bell were different from those already pleaded against The English Sports Council and that the proposed amendment was a substantial alteration rather than a minor change. On the claimant's case, the latest complained-of act had occurred by April 2018, so the claim was outside the three-month time limit when ACAS early conciliation began in September 2018. The judge also held that the alleged failure to continue offering work was an act with continuing consequences, not a continuing act.

Time was not extended on a just and equitable basis. The tribunal noted that the claimant had already been able to present a detailed claim against The English Sports Council in April 2018, that she knew of the relevant facts earlier, and that the emails on which she relied were disclosed in May 2018 even though she did not read them until later. The application to amend was refused, and case number 2206320/2018 against Robertson Bell Ltd was struck out. No monetary award was made.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Race discrimination	New claim against Robertson Bell Ltd alleging direct race discrimination in connection with the termination of the claimant's contract, the agency's subsequent lack of contact, and alleged destruction of records; struck out because it was presented out of time and time was not extended. The tribunal did not reach the merits.	Struck out	Race	—
Victimisation	Part of the same new claim against Robertson Bell Ltd, alleging victimisation alongside race discrimination; struck out as out of time. The tribunal did not determine the merits.	Struck out	—	—

Legal tests applied

6 references

Official outcome judgment PDF

Gov.uk primary record

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Published on gov.uk under the Open Government Licence v3.0.

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