Mr B. Lokkason v Superbowl UK Newport Ltd HELD AT: Wrexham in chambers on written submissions only — 2020

The tribunal was dealing with a case management decision on whether the claimant's Further and Better Particulars were simply clarifying existing claims or were applications to amend. It recorded that the respondent accepted the claimant lives with autism and that this amounts to a disability, and that the claimant had already been permitted to amend his case earlier to include automatic unfair constructive dismissal, unauthorised deduction from wages and breach of contract.

The tribunal refused permission to add new claims based on training in February 2019 and an internal recruitment exercise in April 2019. It also refused the attempt to add April 2019 internal recruitment allegations to the discrimination arising from disability claim, but accepted new public interest disclosure detriment allegations post-dating April 2019.

For the remaining discrimination allegations, the tribunal treated the Further and Better Particulars as clarification of existing claims for direct disability discrimination, discrimination arising from disability, indirect discrimination, failure to make reasonable adjustments and harassment related to disability, and granted amendment where the particulars went beyond the original ET1. The tribunal said any time limit questions, and any point about whether events could be relied on for the dismissal claim, would be decided at the final hearing.