Mr A Braekkan v South Lanarkshire Council — 2025

The preliminary hearing considered whether the claimant should be permitted to amend his claim to add an allegation of direct age discrimination concerning an alleged failure to provide certain work between 22 August 2022 and 27 November 2023. The Tribunal found that the allegation was not pleaded in the ET1 and was a new allegation, although related to existing allegations. Applying the amendment principles, it allowed the amendment because the balance of prejudice favoured permitting the claimant to seek a remedy, while the respondent retained the ability to defend the allegation and raise time bar at the final hearing.

The Tribunal separately considered age-related harassment allegations said to arise from comments made on 5 February 2015 and 3 April 2019. It found those allegations were lodged 9 and 5 years out of time respectively, that ACAS early conciliation did not assist, and that the claimant did not argue they formed part of a continuing act.

The claimant explained that he had chosen not to bring those harassment claims earlier because he wanted to get on with the job and regarded the matter as relatively minor. The Tribunal found this did not support extending time, noted the impact of the long delay on witness recollection and evidence quality, and concluded it was not just and equitable to hear the harassment claims out of time.