Mr G S Kharood v Pura Facades Ltd — 2022

At the preliminary hearing and again on 4 May 2022, the claimant sought to amend his case to add race discrimination and detriment for making a protected disclosure, relying on alleged treatment between 13 and 27 September 2021, alleged disclosures about furlough fraud and health and safety, and alleged post-termination comments to a new employer. The tribunal refused the amendment, applying Vaughan v Modality Partnership, Selkent Bus Co Ltd v Moore, Abercrombie and ors v Aga Rangemaster Ltd, and Galilee v Commissioner of Police of the Metropolis. It found the balance of hardship favoured the respondent because the proposed claims were new, would be out of time, and would require a further multi-day merits hearing and new evidence.

The tribunal struck out the claim for 'legal letter' under rule 37(1)(a) because a standalone claim for legal fees from separate litigation in another jurisdiction was outside Employment Tribunal jurisdiction. It also struck out the claims for chiropractor fees, defamation/loss of earnings, and damages for unfair treatment, harassment, stress and health and safety breaches because, once the amendment was refused, there was no reasonable prospect of recovering those heads of loss through the tribunal proceedings.

The claimant withdrew the £355 P11D claim, and it was dismissed under rule 52. The respondent admitted that £192.70 had been unlawfully deducted from the claimant's 31 October 2021 payslip, accepting that the deduction from SSP while he was on sick leave was unlawful. Judgment was entered by consent for £192.70, and no further payment was ordered because the claimant accepted under oath that he had suffered no financial loss attributable to the deduction.