Race discrimination claim added too late: amendment refused, unfair dismissal claim dismissed
A former employee who tried to add a race discrimination claim nearly two years after presenting her original claim had her application refused. The tribunal also struck out her unfair dismissal claim because she was still employed.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant remained in employment at the time of the unfair dismissal claim, so the tribunal had no jurisdiction.
- The claimant first raised race discrimination at a preliminary hearing on 26 July 2022.
- The claimant's original claim form did not mention race discrimination or link the alleged treatment to race.
- The most recent event complained of was an email from Mr Woodford on 11 September 2020.
- The claimant provided no good reason for the delay in raising race discrimination.
Timeline
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Claim presented
The claimant presented a claim for unfair dismissal and described other allegations as 'Offensive allegations, humiliated and victimisation at my address.'
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First further information email
The claimant sent an email with further information about her claim, not mentioning race discrimination.
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Mr Woodford's email
The most recent event complained of: an email from Mr Woodford asking the claimant if she was in Romania.
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Second further information email
The claimant sent another email, using the word 'discriminated' but not referring to race.
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Third further information email
The claimant sent a further email, still not mentioning race discrimination.
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First preliminary hearing
The tribunal identified that the unfair dismissal claim could not proceed as the claimant was still employed. The claimant applied to amend to add a race discrimination claim.
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Further information provided
The claimant provided further information about the proposed race discrimination claim, but it was deemed inadequate.
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Second preliminary hearing
The hearing was largely spent establishing the facts the claimant wished to rely on for the race discrimination claim.
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Substantive hearing
The tribunal heard the amendment application and dismissed the claim.
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Judgment sent
Written reasons were provided following the claimant's request.
The legal issue
The tribunal had to decide whether to allow the claimant to amend her claim to add a race discrimination claim, and whether the original unfair dismissal claim could be heard given the claimant was still employed.
The outcome
The tribunal dismissed the claim in its entirety.
- The unfair dismissal claim was struck out because the claimant was still employed, so the tribunal had no jurisdiction to hear it.
- The application to amend to add a race discrimination claim was refused. The proposed amendment raised a new cause of action, and the most recent event complained of was in September 2020, well outside the three-month time limit. The claimant provided no good reason for the delay, and the respondent would have been prejudiced.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you are still employed, you cannot bring an unfair dismissal claim — you must wait until after dismissal.
- When raising a new type of claim, such as race discrimination, you must do so within the time limit (usually three months from the last act complained of).
- If you want to amend an existing claim to add a new cause of action, you need a good reason for the delay; anxiety and depression alone may not be enough without evidence of how they affected your ability to act.
- Make sure your claim form clearly identifies the type of discrimination you are alleging — vague references to 'discrimination' may not be enough.
This case shows what can happen when a claimant tries to add a new discrimination claim long after the original claim was filed — and when the original claim itself was doomed from the start.
The claimant presented an unfair dismissal claim in August 2020, but she was still employed. Under UK employment law, you cannot claim unfair dismissal if you have not been dismissed. That alone meant the claim could not succeed. However, the tribunal gave the claimant an opportunity to amend her claim to add a race discrimination claim, which does not require dismissal.
Why the amendment was refused
The race discrimination claim was a new cause of action, not simply a relabelling of existing facts. The most recent event the claimant complained of was an email from September 2020 — nearly two years before she first mentioned race discrimination at a preliminary hearing in July 2022. The tribunal found that the claim was out of time and that the claimant had no good reason for the delay. Her anxiety and depression did not explain why she could not raise the issue earlier, especially as she had sent several emails about her claim in 2020 without mentioning race.
What the respondent did right
Genting International Limited, represented by counsel, successfully argued that allowing the amendment would cause prejudice. The delay meant the respondent would have to defend allegations about events that were already stale, and the claimant had not provided enough detail about the proposed claim even after being ordered to do so.
What this means for similar claims
If you are thinking of bringing an employment claim, act quickly. Time limits are strict, and amendments to add new types of claim will be scrutinised carefully. If you are still employed, consider other options such as a discrimination claim or constructive dismissal — but only if the facts support it. And if you need to amend, do it as soon as possible and explain any delay clearly with supporting evidence.
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