Mr Pasquale Mazzone v Primark Stores Limited — 2022

The claimant brought complaints under the Equality Act 2010, described as race discrimination and/or harassment, arising from his employment by the respondent. At an earlier preliminary hearing, an Unless Order required him to provide further particulars of his claim of racial harassment, including what was said or done, who was responsible, dates, location and witnesses, and why the allegations related to race.

The tribunal found that the further particulars provided on 1 May 2021 did not comply with the Unless Order because they did not provide particulars of the existing pleaded claim and instead raised new factual allegations. The Equality Act claims were therefore struck out on 7 May 2021 and dismissed, with the judgment serving as written notice of that outcome.

The tribunal also refused the claimant's applications to amend. It found that the proposed additional factual allegations raised substantially different areas of enquiry, were significantly out of time, and would cause greater hardship and injustice to the respondent if allowed. The proposed recent incident was not a race complaint, and the application to add unfair dismissal was refused, with the tribunal noting that the claimant remained within time to bring a separate unfair dismissal claim.