Mr D McKenzie v London United Busways Ltd — 2023

This was a public preliminary hearing concerning amendment, limitation, strike out and deposit issues in a race discrimination and victimisation claim. The tribunal held that the original claim, read fairly, included complaints of direct race discrimination, harassment and victimisation, but that most later-identified events were new factual allegations requiring permission to amend.

The tribunal struck out the claims concerning Events 1 and 2, relating to a 2018 racist comment allegation and the claimant's complaint about it, because they were brought outside the primary limitation period, it was not just and equitable to extend time, and there was no reasonable prospect of establishing a continuing act. Permission to amend to add Events 3, 4, 5, 6, 7, 8, 9, 10 and 12 was refused, principally because the complaints were late, the balance of prejudice weighed against allowing them, and the tribunal considered a number of them weak or unsupported on the material before it.

The tribunal allowed Event 11 to proceed. That event concerned the claimant's 2022 disciplinary process, final written warning and appeal outcome, with allegations of direct race discrimination, harassment related to race and victimisation. The tribunal found that this sequence was arguably a continuing course of conduct, that any delay was small or should be extended, and that the merits threshold for strike out or a deposit order was not met.