Mr A Giles v Camphill Village Trust — 2022

At the open preliminary hearing on 24 February 2022, the respondent conceded that Mr Giles was a disabled person for Equality Act purposes, and the tribunal found that he had Asperger's syndrome and OCD, with other mental health illness. The judge recorded that the disability discrimination case was confined to the dismissal, and he identified the pleaded discrimination theory as one under s.15 EqA 2010, with reasonable adjustments under ss.20-22 also in issue at the substantive hearing. The ET1 had also ticked unfair dismissal, but the judge said an ordinary unfair dismissal claim could not proceed because the claimant did not have two years' qualifying service.

The tribunal extended time for the disability discrimination claim. It accepted the claimant's evidence and the medical material that, up to 15 February 2021, his condition and medication meant he was not properly functioning and that this explained why he did not present the claim sooner. The judge also accepted that the ACAS early conciliation period from 15 February to 15 March 2021 was a legitimate stage in the process, and he rejected the respondent's argument that the claim was too late and too prejudicial to defend. The tribunal noted that the claimant had been able to draft an appeal and otherwise engage with the process, but concluded that the balance of prejudice did not justify refusing an extension of time.

The application to amend the claim to add dismissal by reason of whistleblowing was refused. Applying Selkent, the judge held that the proposed amendment was not a mere relabelling or further detail to the existing discrimination case, but a new head of claim based on fresh factual allegations. He also held that it was substantially out of time, that the claimant had not shown a reason why it could not have been brought earlier, and that allowing it would require substantial further enquiry, extra documentation and increased hearing time. The tribunal ordered further and better particulars on the disability discrimination case and listed a further preliminary hearing to case manage the claim.