Race discrimination claim allowed to proceed over grievance process

This case shows how employment tribunals handle claims that evolve after the initial claim form is submitted. The former employee, who worked in IT at IBM for three years, resigned in July 2021 and submitted a grievance while still employed. After receiving the grievance outcome and appeal decision months later, he brought a race discrimination claim. At a preliminary hearing, the tribunal had to decide whether he could amend his claim to include the grievance process itself as part of the alleged discrimination.

What the tribunal decided

The tribunal allowed the amendment, recognising that the grievance process could be a continuing act of discrimination. However, it struck out all claims about events before 22 July 2021 because they were presented too late — the early conciliation certificate was issued on 11 April 2022, more than three months after those events. The tribunal found no reason to extend time on a 'just and equitable' basis.

What IBM could have done differently

IBM opposed the amendment, arguing the new claims were out of time and had no reasonable prospects. The tribunal rejected that view, noting the grievance process was ongoing until the appeal outcome on 1 April 2022 — well within the time limit. Employers should be aware that handling grievances in a way that arguably discriminates can extend the limitation period.

Why this matters

This decision highlights the importance of timing in discrimination claims. Employees should act quickly to preserve their rights, but also understand that a poorly handled grievance process can create fresh claims. For employers, it reinforces that grievance outcomes and appeals can be challenged as discriminatory acts, not just the original decision that led to the grievance.