Ms J. Mashangia v Coalition for Epidemic Preparedness Innovations UK Ltd — 2024

The tribunal struck out the claimant's unfair dismissal claim under Rule 37(1). It found that Ms J. Mashangia did not have the two years' qualifying service required by section 108 of the Employment Rights Act 1996, and said there was nothing in the claim that made it exceptional. On that basis, the tribunal held that the claim had no realistic prospect of success at a final hearing.

The claimant also sought to amend her claim to add whistleblowing and automatic unfair dismissal. The tribunal refused that application because she had been told at an earlier case management hearing in March, and again in writing in the June case management order, that an amendment application would be needed. The application was not made until two weeks before the preliminary hearing, the final hearing was already listed for January 2025, witness statements had been prepared, and allowing the amendment would prejudice the respondent and jeopardise the hearing date. The tribunal concluded that the balance of hardship favoured the respondent.