Mr K Rimmer First v Adecco (UK) Ltd Second Respondent: Bentley Motors Limited PRELIMINARY HEARING — 2019

This was a preliminary hearing about time limits and amendment in Mr K Rimmer's disability discrimination claim. The tribunal found that he became an employee of Adecco (UK) Ltd on 15 September 2015 and was assigned to Bentley Motors Ltd until he last worked there on 17 September 2017, after which he went off sick and later received payment between assignments.

On the Bentley Motors Ltd claim, the tribunal held that the last prima facie discriminatory act was 17 September 2017, when the assignment ended, or alternatively 23 March 2018 when payment between assignments began. Even on the alternative date, the 11 October 2018 claim was out of time. Applying the just and equitable test under s.123 Equality Act 2010, the tribunal relied on the claimant's awareness of Adecco's and Bentley's roles, the fact that he had union and solicitor advice when the first ET1 was prepared, the absence of new information requiring Bentley to be added, and the length of the delay. The claim against Bentley Motors Ltd was rejected.

The application to amend the first claim form was granted. The tribunal held that the proposed changes did not introduce a new cause of action, but were largely an expansion of the same disability and reasonable-adjustments case and a relabelling of the allegations as a continuing act. It found that the prejudice to Adecco (UK) Ltd was low, so the first claim form could be amended to include the additional details from the later forms, but only as against Adecco.