Mrs G Mabrouk v Future Cleaning Services Limited and 1 other — 2021

This was a preliminary hearing before Employment Judge Feeney sitting alone on 7 July 2021. The claimant sought to amend her unfair dismissal and race discrimination pleadings after earlier case-management difficulties, including illness, translation issues, and the history of a strike-out that had been set aside. The judge applied the Selkent Bus Company v Moore amendment guidance, balancing the prejudice to each side, and also referred to the claimant's delay, the timing of disclosure, and the approaching hearing dates.

The tribunal allowed the amendments to the unfair dismissal claim. It considered those points to be apparent from the disciplinary hearing transcript and accepted that the prejudice to the respondents was limited, although their witness evidence would need some adjustment. The judge also noted that a Jhuti point had already been pleaded in the original further and better particulars, so allowing the amendment did not introduce an entirely new basis of complaint.

On the protected-acts aspect of the case, the tribunal took a mixed approach. It refused the additional detriment allegations at the end of paragraph 46 because they would significantly expand the case and jeopardise the hearing dates. However, it allowed the reconfiguration of the protected acts in paragraphs 46 and 47, on the basis that those facts were needed to make sense of the evidence, even though the judge accepted the point was raised very late and was out of time.

The tribunal refused any amendments that would extend the ambit of the race discrimination claim. It said those further allegations would require extra witness preparation and possibly additional witnesses, and would likely push the case well beyond the existing listing. No merits findings or monetary remedy were determined in this judgment, which dealt only with amendment and case management.