Claimant v Bylor Services Limited

This was a preliminary hearing on an amendment application. The original claim included whistleblowing claims but these were not determined at this hearing. The hearing was solely concerned with whether to allow amendment to add victimisation and blacklisting claims.

This was a preliminary hearing on an amendment application. The original claim included breach of contract allegations but these were not determined at this hearing. The hearing was solely concerned with whether to allow amendment to add victimisation and blacklisting claims.

Claimant sought to add victimisation claims by amendment. Tribunal refused the application on the basis that: (1) claims were significantly out of time (employment ended July 2024, amendment March 2025); (2) poorly particularised with no details of protected acts or detriments; (3) no adequate explanation for delay; (4) balance of prejudice favoured respondent who would incur costs defending claims likely to be dismissed as out of time.

Claimant sought to add blacklisting claims (under Employment Relations Act 1999 (Blacklists) Regulations 2010) by amendment. Tribunal refused on the basis that: (1) entirely new causes of action unconnected to original claims; (2) significantly out of time; (3) wholly unclear which regulations (5, 6 or 9) were relied upon; (4) no particularisation of detriments, dates, or responsible parties; (5) no adequate explanation for delay; (6) balance of prejudice strongly favoured respondent.