Claimant v Fares4Free
Outcome
Facts
The claimant resigned from employment with the first respondent charity on 31 December 2022. He filed a discrimination claim in July 2024, substantially out of time. In November 2024 he sought to amend his claim to add factual allegations about mail continuing to arrive at his old address after August 2024, and a new victimisation claim based on alleged statements made by one of the individual respondents (L Fisher) about the impact of the proceedings. The claimant argued these amendments showed a continuing course of discriminatory conduct, which would assist in overcoming the time bar issue.
Decision
The tribunal allowed only paragraph 1 of the amendment (relating to continuing receipt of mail), finding it was merely a tidying up exercise adding further instances of mail arriving and did not constitute a new allegation. The tribunal refused the remaining amendments including the new victimisation claim (paragraphs 2-3) on the basis that insufficient particulars were provided of what the respondent allegedly did and when, and that allowing it would cause delay and prejudice to the respondents, whereas the claimant could file a fresh claim if appropriate.
Practical note
Applications to amend claims to add facts intended to establish continuing discriminatory conduct for time limit purposes will be scrutinised carefully, and amendments introducing new heads of claim without proper particulars will be refused where the balance of prejudice favours the respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 8001085/2024
- Decision date
- 3 December 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Fares4Free
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- solicitor