Case 3201190/2020 · Employment Tribunal

Mr Micardo Thomas v Rendall and Rittner — 2021

Case reference: 3201190/2020
Decision date: 29 October 2021
Jurisdiction: England & Wales
Judge: Employment Judge Housego

Indexed: 20 May 2026

Parties

2 named

Claimant

Mr Micardo Thomas

Respondent

Rendall and Rittner

Key findings

Tribunal's reasoning

This was a judgment on the claimant's application to amend his employment tribunal claim. The tribunal recorded that Mr Micardo Thomas had brought a race discrimination complaint on 23 April 2020 after ACAS early conciliation, and that at a preliminary hearing on 18 November 2020 EJ Housego had decided that the complaint was of direct race discrimination only.

By letter dated 26 January 2021, the claimant applied to add a complaint of unfair dismissal and complaints of bullying and victimisation said to be a direct result of bringing the race discrimination claim. The tribunal granted leave to add unfair dismissal because the claimant alleged dismissal on 30 December 2020, the complaint could not have been brought when the original claim was issued because he was still employed, and the application was made within three months of the alleged dismissal in compliance with section 111(2) of the Employment Rights Act 1996.

The tribunal refused leave to amend to add complaints of bullying and harassment on the ground of race. It found that, despite being given an opportunity to provide details, the claimant had not set out the grounds of the allegation, and it was not possible to ascertain the dates of the alleged actions, who was alleged to have bullied and harassed him, or what actions were said to amount to bullying and harassment. No remedy was awarded in this judgment.

Claims and outcomes

3 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The judgment granted leave to amend the claim to add a complaint of unfair dismissal; it did not decide the merits of the unfair dismissal complaint.	Other	—	—
Race discrimination	The judgment records that the existing claim was of direct race discrimination only, and that the claim was now direct race discrimination and unfair dismissal; it did not decide the merits of the direct race discrimination complaint.	Other	Race	—
Harassment	The tribunal refused leave to amend to add complaints described as bullying and harassment on the ground of race; the merits were not adjudicated.	Other	Race	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

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Published on gov.uk under the Open Government Licence v3.0.

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