Denise Francis and v Asda Stores Limited — 2025

The judgment concerned the claimant's application to amend her existing claim. Her original claim form had been presented as an age discrimination claim and also referred to other payments, breach of duty of care, and the ACAS Code. She later applied to add disability discrimination and victimisation claims, relying on degenerative disc disease and bulging discs.

The tribunal allowed amendments adding failure to make reasonable adjustments, discrimination arising from disability, direct disability discrimination in the alternative, and one victimisation allegation relating to the alleged failure to investigate a grievance and/or provide an outcome. The tribunal noted that the proceedings were at a relatively early stage, the application followed advice obtained from ELIPS, and greater hardship would be caused to the claimant if those amendments were refused.

The tribunal refused permission to add the first victimisation allegation based on the July 2023 grievance and an alleged detriment on 20 July 2023. It considered that no allegation of discrimination had been raised in the grievance relied on, expressed concern about how that claim could succeed, and also noted the significant delay of about two years. Issues about time limits for the allowed amendments were reserved for the final hearing.