Claimant v Dragados SA UK Branch

Claimant had less than two years' continuous service (employed 13/12/21 to 8/11/23). Application to amend to add automatic unfair dismissal claims under sections 100, 104, and 105 ERA 1996 was refused as this was a substantial amendment introducing a completely new alleged causation and factual matrix, not a mere relabelling exercise. The ET1 did not contain the essential averments for automatic unfair dismissal claims.

Race harassment claims (contribution to 'Being Black in the Construction Industry' taken down in October 2022, and 'nappi' hair comment on 28/3/23) were out of time. Tribunal found it not just and equitable to extend time given the significant delay, lack of continuing act, and prejudice to fair trial with stale evidence from isolated incidents years prior.

Sex harassment claims (Gary Stevens shouting 6/7/22, walking towards claimant 14/7/22, continued contact to March 2023, workplace evaluations, gaslighting, and failure to investigate grievance by May 2023) were out of time. No continuing act established. Tribunal found it not just and equitable to extend time given the significant delay of 1-1.75 years, unexplained two-month delay after fit note expired, and prejudice to fair trial with stale evidence from 2022-early 2023.

All harassment claims were struck out as out of time and it was not just and equitable to extend time. Claims related to isolated incidents from 2022 and early 2023, all completed before claimant's sick leave on 24/4/23. Claimant's medical leave did not explain the delay as most matters occurred before it commenced, and there was a further unexplained two-month delay after last fit note expired on 30/11/23 before ACAS application on 1/2/24.