Mr I Mkwebu v Ms F Mundy — 2022

Mr Mkwebu presented this claim on 30 August 2021 alleging direct race discrimination, harassment and victimisation under the Equality Act 2010 against Ms F Mundy and The ABC Trust. The Tribunal held that the part of the claim predating 9 March 2020 was outside the three-month time limit and that it was not persuaded those earlier allegations formed a continuing act. It also refused to extend time on a just and equitable basis, noting the age of the earlier allegations and that the claimant had already brought ten other claims concerning the same employment period.

The Tribunal refused to strike out the claim against the first respondent as an abuse of process or as vexatious under Rule 37, and it was not persuaded that the claim had no reasonable prospect of success. It referred to Attorney General v Barker and Anyanwu v South Bank Student Union, and said that bringing separate proceedings after refusal of an earlier amendment was not, by itself, an abuse of process.

On jurisdiction against the second respondent, the Tribunal rejected the argument that the early conciliation certificate prevented the claim from proceeding, treating the certificate as capable of covering the present matter and referring to Science Warehouse Ltd v Mills. It then dealt with amendment, granting leave only for Complaint 10, a victimisation allegation under section 27 Equality Act 2010 about denial of access to documents from 9 March 2020 onwards. The proposed amendment to add a section 47B Employment Rights Act 1996 whistleblowing claim was refused under the Selkent guidance. Questions about privilege and admissibility of documents were left for case management before any final hearing. No monetary award was made at this stage.