Mr M Johnson v Dunelm (soft furnishings) Limited — 2023

Mr M Johnson applied for the role of Controls and Compliance Senior Manager in June 2022 and said that he believed he had been successful, but he did not receive a formal outcome. The case came before Employment Judge Miller at a preliminary hearing on 26 July 2023. The claimant withdrew his direct age and direct race discrimination claims, and those claims were dismissed under rule 52.

The claimant sought to add indirect age and indirect race discrimination complaints based on the job description criteria referring to recent private practice and to experience with a Big 4 or Top 10 accountancy firm. Applying Selkent and Vaughan, the tribunal allowed the amendment, treating the amendment as substantial but concluding that the balance of prejudice favoured allowing the claim to proceed in light of the respondent's delay in communicating the outcome and the details of the successful candidate.

The respondent's applications to strike out the indirect claims and for a deposit order were refused. The tribunal held that the indirect age and race claims had more than no reasonable prospect of success, that the case was coherent, and that the claimant's argument on group disadvantage was not merely theoretical, although he might face evidential difficulties at a final hearing. The tribunal also noted that any question of limitation might be open to extension if necessary.