Mrs G R Vasiliu v Amazon UK Services Limited — 2024

The Tribunal considered the claimant's application to amend her consolidated claims to add health and safety related complaints under ss 44 and 100 ERA. The proposed complaints concerned alleged refusals to attend work or steps taken during periods when the claimant said there was serious and imminent danger from Covid-19 isolation practices. The Tribunal found the proposed amendment was substantial, factually distinct from the existing protected disclosure and disability discrimination complaints, and raised well after the primary limitation period.

Applying the amendment principles, the Tribunal found that the claimant had had earlier opportunities to clarify her claims and that the references to health and safety in the claim form did not sufficiently indicate the new claims now sought. The balance of prejudice and hardship favoured refusing the amendment, because allowing it would require additional work and evidence and would significantly affect already elongated proceedings.

The Tribunal also considered the respondent's application for a deposit order on the claimant's s.103A automatic unfair dismissal complaint. It found that the claimant was unlikely to establish the factual and legal matters required, particularly because of the absence of documentary evidence supporting an extension of employment to 2023 and because the documents relied on by the claimant did not establish the contractual position. The Tribunal ordered a deposit of £50, taking account of the claimant's limited disposable income, as a condition of continuing that complaint.