Mr Amer Alhaj Zen v Charnwood Molecular Ltd — 2022

At the open preliminary hearing on 27 January 2022, Employment Judge Hutchinson sitting alone considered Mr Amer Alhaj Zen's application to amend and a jurisdictional issue on time limits. The claimant had presented his claim on 14 February 2021, after ACAS early conciliation on 28 December 2020, and had been employed by Charnwood Molecular Ltd since 9 October 2014 as a Senior Researcher. The claims had been clarified as including direct race discrimination, direct associative disability discrimination, and harassment related to association with a disabled person.

The tribunal granted permission to amend the claim to add victimisation, breach of contract, and constructive unfair dismissal. Applying the principles in Selkent and Prakash, and taking into account the nature of the amendments, time limits, and the timing and manner of the application, the judge held that Mr Zen would suffer a substantial disadvantage if amendment were refused. The respondent's prejudice was limited because the new matters would largely be dealt with by the same witnesses who were already involved in the case.

The tribunal did not determine whether the direct discrimination claims were out of time. It said that, on the face of it, the furlough pay issue appeared to crystallise when the last payment was made in the August payroll and the flexible working request was rejected in August 2020, but Mr Zen said he only became aware of the difference in treatment around 23 November 2021 and contended that it would be just and equitable to extend time. That issue, together with the merits of the claim, was left to the final hearing listed for January and February 2023. No remedy was decided at this stage.