Mr Mallakin (In Person) For the v Respondent — 2020

Mr Mallakin had worked for the first respondent as a Mechanical Design Engineer from 4 September 2017 to 17 August 2020. He issued a claim on 8 October 2020 including direct race discrimination, victimisation and unfair dismissal. After he served a discrimination questionnaire and received a response, he withdrew the race discrimination and victimisation claims, and the tribunal dismissed those claims upon withdrawal. The second and third respondents were removed from the remaining proceedings.

The hearing on 25 January 2022 dealt with the claimant's amendment application and the respondent's costs application. Applying Selkent Bus Co Ltd v Moore, the tribunal allowed proposed allegations 9 to 12. It treated allegations 9 to 11 as further particulars or extensions of the existing redundancy issues, including the Revit Coordinator role, recruitment during the redundancy period, suitable alternative employment, bumping, furlough and ACAS guidance.

The tribunal also allowed allegation 12, which concerned the number of redundancies within a 90-day period and whether collective consultation should have applied, because the claimant said that information came to light only after the questionnaire response. The respondent's costs application in relation to the withdrawn discrimination and victimisation claims was dismissed. The tribunal considered rule 76(1)(a), Beat v Devon County Council and anor, and McPherson v BNP Paribas (London Branch), but held that bringing the claims and then withdrawing them after seeking further information was not unreasonable. No monetary award was made in this judgment.