Mr K D Edgecombe v AAH Pharmaceuticals Ltd — 2022

The Tribunal found that Mr K D Edgecombe was a disabled person within the meaning of the Equality Act 2010 from 1 August 2020. It refused the respondent's application to strike out the claim because the central contention, that by way of reasonable adjustment the respondent should have allowed him a companion of his choice at meetings, was arguable and needed to be resolved through evidence and submissions.

The Tribunal said several other matters were consequential on the claimant's position about representation and likewise required consideration through evidence and submission. It identified three contentions as having little reasonable prospect of success: whether the respondent should have awaited the outcome of the Employment Tribunal before progressing the grievance, whether Helen Tilsley should have been appointed as grievance investigator while also leading the redundancy consultation, and whether the redundancy consultation should have been progressed after 22 December 2020.

For those three contentions, the Tribunal ordered a deposit of £10 for each allegation if pursued, £30 in total if all were pursued. It noted that the claimant was on benefits, considered £1 too low, and said £10 per contention was fairer.