Mr Tadeusz Peczek and v GXO Logistics UK Limited — 2026

Mr Tadeusz Peczek applied to amend his existing proceedings against GXO Logistics UK Limited to add a complaint of automatic constructive unfair dismissal. He said that he resigned on 25 July 2025 after complaints concerning pay, overtime, health and safety and discrimination, and relied on his lack of legal training, limited English and health problems to explain the timing of the application. The Tribunal recorded that his pregnancy and maternity discrimination complaint had previously been withdrawn; his existing whistleblowing detriment, race discrimination and harassment claims remained before the Tribunal and were not determined by this judgment.

Applying Selkent Bus v Moore and the guidance in Vaughan v Modality Partnership, the Tribunal considered the nature and timing of the amendment, applicable time limits and the balance of prejudice, injustice and hardship. It found that the proposed amendment was a new cause of action rather than a relabelling exercise. The application had been made more than 11 months after the original claim and more than six months after the end of the claimant's employment. Although Mr Peczek relied on ill health, the Tribunal had received no supporting medical evidence and found that he had previously brought claims on time and produced clear documents without assistance.

The Tribunal found that admitting the proposed claim would provide limited additional benefit because the existing whistleblowing detriment, race discrimination and harassment claims offered routes to the same or similar remedies on the same factual matrix. It also found that amendment would require an amended response, additional witnesses, a longer hearing and further delay, with evidence becoming stale. Concluding that granting the amendment would cause greater hardship to the respondent and that the claimant would retain his existing claims, the Tribunal refused permission to amend. It made no monetary award and did not determine the merits of the proposed constructive dismissal complaint or the remaining claims.