Mrs S Kaur v Greenhalgh’s Craft Bakery Limited — 2018

This was a preliminary hearing following the September 2018 case management order. The tribunal applied the Selkent approach to amendments and the rule 37 / rule 39 tests for strikeout and deposits. It expressly stated that it made no findings of fact in the course of this exercise.

It refused permission to amend for the new allegation that Michael Smart repeatedly asked how the claimant was dressed and for the new allegation that Rami Mohammad talked about sexual matters and touched her hand or arm, because those matters had not previously been raised and the delay would prejudice the respondent. It also refused amendment for the race or religious-belief harassment allegations against Mr Mohammad in paragraph 5, noting that they were contrary to the claimant's earlier position that his treatment of her was linked to her complaint about Eva Falusi.

The tribunal allowed the remaining sex-harassment matters to proceed: the existing allegation that Mr Smart spoke openly about sexual matters, the allegation about Ms Falusi making a sexual gesture, the allegation about Mr Leigh swiping blue cling wrap towards the claimant, and the allegation about Mr Almond saying she was "doing sex perception" and threatening to tell her husband. It also allowed the alternative direct sex discrimination complaint so far as it mirrored those matters, allowed the paragraph 6 race allegation that Mr Smart used the phrase "Paki shop" and the alternative race discrimination complaint arising from it, and allowed by consent an unlawful deductions amendment.

The automatic unfair dismissal complaint under section 103A Employment Rights Act 1996 was struck out because the claimant had no evidence that the dismissing managers knew of the alleged protected disclosures and the contemporaneous dismissal documents supported another reason. No remedy was decided in this judgment.