Mr Mohammed Saife v Ms Cochrane Solicitor EntServe UK Limited — 2021

At the preliminary hearing on 3 June 2021, Employment Judge McManus considered the claimant's application to amend the discrimination ET1 and the respondent's application to strike out the race discrimination claim as out of time. The claimant had lodged the ET1 on 9 October 2020 after ACAS early conciliation, and the discrimination case was later clarified as a race discrimination claim only. The conjoined unfair dismissal claim was also before the tribunal, but no merits evidence was heard.

The tribunal treated the January and February 2021 further particulars as the amendment sought. Applying the Selkent factors, it held that the proposed amendments did not add a new cause of action but gave further factual detail to the existing section 13 Equality Act 2010 race discrimination claim, including allegations about exclusion from meetings on 23 and 24 March 2020 and delegation of responsibility on or around 6 September 2020. The tribunal found that the respondent had already had the opportunity to respond in its ET3 and that allowing the amendment would not cause unfair prejudice.

The strike-out application was refused. The tribunal applied the section 123 Equality Act 2010 time-limit provisions and the authorities it cited on continuing acts and strike out, and held that the claimant had a reasonably arguable basis for saying the alleged incidents were linked as a continuing course of conduct. The race discrimination claim was therefore not struck out, and the question whether the claim was in time was left for the final hearing. The judgment also records that the claims would proceed to further case management and a final hearing.