In person For the v Mr L Davies, Solicitor Interpreter in the Arabic language: Ms R Abdelrahman — 2025

The claimant applied on 9 May 2023 to amend the claim to add unfair dismissal, notice pay and holiday pay after saying he had been dismissed on 10 February 2023. Applying Selkent, the tribunal refused permission because the proposed amendment was a substantial new claim, was out of time, and it was reasonably practicable to use the correct tribunal email address. The application had been sent to an address the claimant had been told not to use and was not copied to the respondents. Even if timing were assessed differently, the tribunal found the balance of hardship and injustice favoured refusal because of the long delay before the respondents learned of the application and the resulting forensic prejudice.

The tribunal then struck out all dismissal-related complaints, including unfair dismissal, notice pay, holiday pay and redundancy pay, because the claim form had been presented on 31 October 2022 when the claimant was still employed and dismissal did not occur until 10 February 2023. It also struck out the separate head described as 'Labour abuse and exploitation; bullying and hatred; long working hours and overload; other staff not attending work', holding that these were not claims in law and/or were outside the tribunal's jurisdiction, and that no Working Time Regulations particulars had been given.

All race discrimination complaints were struck out. Applying the burden-shifting authorities, the tribunal held there was no reasonable prospect of finding that the alleged detriments were because of race or nationality: the claimant could not articulate a coherent causal link beyond saying that colleagues were from different nationalities, and the tribunal considered the case to be about whistleblowing, pay and workplace disputes rather than race. The tribunal did not strike out or make deposit orders in relation to the remaining claims, including whistleblowing, victimisation, the right to be accompanied, unlawful deductions and other surviving claims, which were left for final hearing.