Mrs Iona Stancu v The Recruitment Group Limited and 2 others — 2025

The claimant brought two claims arising from her engagement by the first respondent as an agency worker at the second respondent's premises between 26 January 2024 and 21 June 2024. The judgment records that unfair dismissal, breach of contract and whistleblowing detriment claims had previously been withdrawn at a preliminary hearing, although the operative judgment at this hearing struck out the race discrimination and breach of contract claims.

The tribunal refused the claimant's application to amend her race discrimination claim to add an allegation that the termination of her engagement by the second respondent was race discrimination. It applied the Selkent principles, considered the nature and timing of the amendment and time limits, and concluded that the proposed allegation was new, out of time without explanation, and in any event had no prospect of success because the assignment came to an end.

The remaining race discrimination allegations concerned work allocation and training. The tribunal found no evidence that any alleged unfair treatment was because of race and struck out the race discrimination claims and the notice pay breach of contract claim as having no reasonable prospect of success. The tribunal also recorded concerns about the claimant's conduct of the proceedings and concluded that the claims should be struck out.