Claimant v Hard Rock Cafe UK Limited

Claimant accepted she had less than two years' continuous service. The Tribunal has no jurisdiction to hear unfair dismissal claims without the required qualifying period, so the claim was struck out.

Application to amend to add race discrimination claim failed. Claimant accepted other Brazilian employees were treated better, and ultimately accepted the treatment was not related to race. Claims from first employment period (2022) were clearly out of time and not just and equitable to extend.

Application to amend to add sex discrimination claim failed. Claimant could not identify male comparators treated better - she acknowledged some men were treated badly and some women treated well. Treatment appeared based on relationships with managers, not sex. Tribunal found claim had no reasonable prospect of success.

Application to amend to add sex-related harassment claim failed. Claimant struggled to explain how treatment was connected to sex, acknowledging employees of all genders were treated variably based on relationships with management rather than protected characteristics. No reasonable prospect of success.

Application to amend to add race-related harassment claim failed. Claimant ultimately accepted nationality was not the basis of treatment, as other Brazilian staff were treated better. Claims from first employment period were out of time.