Mr A Ekoue v Samworth Brothers Limited t/a Bradgate Bakery — 2021

At the preliminary hearing on 16 and 17 June 2021, Employment Judge Butler, sitting alone, dealt only with Mr Ekoue's claims against Samworth Brothers Limited t/a Bradgate Bakery. The tribunal refused his application to amend the claim to add allegations 1 to 3. Those proposed allegations concerned being denied accompaniment at a 23 January 2020 meeting, being denied training and education, and the 9 April 2020 letter about his conduct. The judge held that they were entirely new complaints and that the June 2020 claim brought in Ms Krejcova's name could not preserve them because it was a different claim and had been rejected for lack of an early conciliation certificate.

Applying the Selkent and Cocking principles, and taking account of s.123 Equality Act 2010, the tribunal held that the new allegations were out of time and that it was not just and equitable to extend time. The claimant had not given a coherent explanation for the delay, even though he had been able to issue claims and had previously threatened litigation. The judge also found that the proposed allegations had no, or at best little, reasonable prospect of success.

The remaining pleaded allegation in Mr Ekoue's own claim was allegation 4, that the respondent did not intend to answer his complaints and that none of them had been answered. The tribunal struck that allegation out under Rule 37 after finding the documentary record inconsistent with the pleaded case. The respondent had investigated grievances raised on 10 March 2020, 13 June 2020 and 20 September 2020, held hearings, interviewed five employees, and issued a comprehensive outcome letter on 23 November 2020. The judge found that a four-and-a-half week period to deliver that outcome was not unreasonable in the circumstances. No deposit order and no monetary award were made.