Mr. N Santos v Winfield Engineering Limited and Others — 2020

Mr N Santos was employed by Winfield Engineering Limited from 7 February 2017 to 25 January 2019. At the preliminary hearing on 10 March 2020, the tribunal dealt with his application to amend the claim to add the complaints listed in Appendix B. It noted that the original claim form and the 22 March 2019 email already advanced complaints of race discrimination and harassment, together with other matters including holiday pay and dismissal victimisation, and that the claimant was a litigant in person with limited English and was assisted by an interpreter.

Applying the Selkent principles, the tribunal held that the Appendix B allegations did not amount to new causes of action but were further factual detail supporting the existing race discrimination and harassment case based on ongoing, daily mistreatment. It said that, even if any of the additional matters were new claims, it would have extended time on a just and equitable basis under section 123 Equality Act 2010, taking account of the claimant's prompt email of 22 March 2019, his difficulty using the online form, his language limitations, and the absence of any identified prejudice to the respondent. Leave to amend was therefore granted under rule 29, and the question whether the complaints formed a continuing course of conduct was left for the final hearing.