6013156/2024

Bylor Services Ltd

v Mr D Niculae

19 August 2025·Employment Tribunal·England & Wales·Employment Judge Midgley

Respondent

Bylor Services Ltd

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Decision date

19 August 2025

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Midgley

Case Summary

The claimant's application for amendment was dismissed due to poorly particularised claims and out of time victimisation claims. The judge concluded that the balance of prejudice favoured refusing the application.

Why this outcome?

Out of time

The tribunal dismissed the claimant's application for amendment because the proposed claims were poorly particularised and the victimisation claims were out of time, with the balance of prejudice favouring refusal of the amendment.

Claim Types

Key Issues

  • poorly particularised claims
  • out of time victimisation claims

Decision Text

Full PDF

10.7 Judgment with reasons – rule 62 1 EMPLOYMENT TRIBUNALS Claimant:Mr Daniel Niculae Respondent:Bylor Services Limited Heard at:Bristol (by CVP Audio)On: 17 July 2025 Before:Employment Judge Midgley Representation Claimant:Mr Niculae in person Respondent:Miss Iqbal (Counsel) JUDGMENT having been handed down to the parties on 17 July 2025 and written reasons having been requested in accordance with Rule 60(4) of the Employment Tribunal Rules 2024, the following reasons are provided. REASONS (Application for amendment) The Procedural History and Background 1. It is necessary to set out the background to the application before I address its substance. The claim 2. The claims arise from the claimant’s employment with the respondent but predominantly events in the period June and July 2024. The details of the claim are set out in the case management order which is of even date to these reasons. The claimant began conciliation on 23 August, obtained a certificate on 25 September and presented the claim on 29 September 2024. The Amendment Application 3. On 6 March 2025 the claimant sent a 30 page document to the tribunal, which contained an amendment application. The claimant had presented a new claim form, which referred to an updated particulars of claims. Amongst the 10.7 Judgment with reasons – rule 62 2 attached documents was a document entitled ‘Particulars of Claim’ which the claimant confirmed contained the amendment application. 4. During the course of the hearing on 17 July I sought to clarify with the claimant the claims and issues contained in the claim form. I took time to read the documents attached to the claim in their entirety and to identify the factual allegations and legal claims identified in them so as to assist the claimant. I then discussed the resulting list of claims with the claimant, explaining the component elements of the various lega

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