Eric Ayim Baffour v Sysco GB Limited — 2025

Eric Ayim Baffour, a HGV driver, brought an unfair dismissal claim against SYSCO GB LIMITED arising from his termination on 7 November 2024. At the hearing on 16 October 2025, Employment Judge Illing dealt first with the claimant's application to amend the ET1 dated 8 October 2025. The proposed amendments sought to add direct race discrimination, victimisation, and automatic unfair dismissal for protected disclosures relating to food safety. The tribunal held that these were not mere relabelling of the existing unfair dismissal claim, but three new allegations requiring further particulars and evidence.

Applying Selkent, Ali v Office of National Statistics, Vaughan, the Presidential Guidance on amendment of claims, and Jones v Secretary of State for Health and Social Care 2024 EAT 2, the tribunal found the proposed new claims were out of time by around 6 to 7 months. It found there was no continuing act, that the application came a week before the final hearing after disclosure and witness statements, and that the delay was not reasonable. The tribunal also held that it was not just and equitable to extend time, so the amendment application was refused.

On the original unfair dismissal claim, the tribunal applied section 111 ERA 1996 and the 'reasonably practicable' test. It found that the claimant's first presentation of the claim on 9 February 2025 was out of time, on the face of it by 3 days. The claimant relied on an Acas email of 3 December 2024, but the tribunal found that email showed he did not wish to take advantage of early conciliation at that time and that there was no evidence of follow-up to obtain the certificate sooner. The later Acas certificate dated 8 April 2025 related to a new reference and did not cure the limitation problem. The unfair dismissal claim was therefore dismissed.