Mr B Russ v Custom Insulation Services Limited — 2019

Mr B Russ presented his claim on 6 December 2017 alleging race discrimination. After his dismissal for alleged gross misconduct on 11 January 2018, he sought to add unfair dismissal and victimisation. At the preliminary hearing on 7 January 2019 the respondent did not pursue the early conciliation point, and the tribunal dealt with time limits, strike out, deposits, and amendment.

On the race discrimination complaints, the tribunal held that the grievance-related allegations formed part of the same process and were in time, and it extended time on a just and equitable basis for earlier allegations that were otherwise out of time. It took into account the length and reasons for delay, the documentary material from the grievance process, the claimant's lack of legal advice, his financial position, and the difficulties he said he had understanding the law as a Polish citizen. The tribunal refused to strike out the race claim because the central facts were disputed and discrimination claims should not usually be struck out before evidence is heard.

The tribunal nevertheless held that all seven allegations identified for the deposit application had little reasonable prospect of success, including the race allegations, the unfair dismissal claim, and the victimisation claim. It ordered deposits of £200 for each allegation, totalling £1,400, after considering the claimant's means and outgoings. It allowed the amendments to add unfair dismissal under section 94 ERA 1996 and victimisation based on the presentation of the tribunal claim, but said those claims were weak and that the unfair dismissal issue would still turn on whether dismissal fell within the band of reasonable response if the matter proceeded.