Mr HD Saxena v Power Leisure Bookmarkers Limited — 2019

At the preliminary hearing on 1 February 2019, Employment Judge A Ross sitting alone refused the claimant's application to amend the claim to add a further 31 July 2018 allegation. The tribunal treated the proposed amendment as a new factual allegation, held that it did not form part of a continuing act, and declined to extend time for the new amendment on a just and equitable basis.

The tribunal held that the direct race discrimination complaints at issues 4.3.1 and 4.3.2 against Ms Goodwin were out of time under section 123 Equality Act 2010. It found that the relevant January and February 2018 events were separate acts, that the claimant moved to another branch on 19 February 2018, and that there was no continuing act linking those incidents to later events. The tribunal also found that it would not be just and equitable to extend time for those two complaints and said they were in any event misconceived on the pleaded case.

By contrast, the complaint at issue 4.3.3 was held to be in time and was allowed to proceed to trial. The tribunal identified the disclosure-refusal complaint as first being raised in the grounds of appeal dated 2 May 2018 and said the actual refusal was made, at the latest, in the grievance outcome letter dated 17 July 2018.

The harassment complaints at issues 4.10 to 4.11 were also allowed to proceed. Although the tribunal accepted they were out of the primary limitation period, it extended time because the respondent had investigated the matter at the time, there was documentary evidence, and the respondent's investigation included an admission by Mr Darr of an apparently insulting race-specific comment described as a joke. No financial remedy was determined at this stage.