Case 1402794/2024 · Employment Tribunal
In Person v Respondent — 2025
- Case reference
- 1402794/2024
- Decision date
- 24 September 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail Appearances
- Venue
- Exeter
Parties
1 namedClaimant
In Person
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal dealt with the Claimant’s application to amend her case to add failure to make reasonable adjustments and related breach of contract / constructive dismissal allegations. It found that the Claimant’s resignation, her July 2024 grievance, and the 2024 emails did not raise reasonable-adjustments complaints, and that references to assessments not being passed were not advanced in 2024 as complaints about a failure to make adjustments. The Respondent had known since June 2021 that the Claimant was disabled with dyslexia and dyspraxia, but the judge found no contemporaneous raising of a reasonable-adjustments claim.
The judge refused the amendment because the reasonable-adjustments point was not a live issue in 2024, and allowing it would prejudice the Respondent, which would have to meet a claim with no contemporary evidence. He described the claim as an afterthought and said the balance of prejudice favoured the Respondent. The order also refused permission to make the allegation that the failure to make reasonable adjustments amounted to a breach of contract entitling the Claimant to claim constructive dismissal.
The disability discrimination claim, which had originally been unparticularised and was then particularised with allegations for which the judge found no contemporary evidential support, was struck out as having no reasonable prospects of success. The judgment does not award any remedy.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The tribunal refused the application to add failure to make reasonable adjustments allegations, removed those allegations from the list of issues, refused permission to frame them as a breach of contract / constructive dismissal point, and struck out the disability discrimination claim as having no reasonable prospects of success. | Struck out | Disability | — |
Legal tests applied
1 reference- no reasonable prospects of success
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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