Mr M Thomas v Cardiff Council — 2025

The tribunal refused permission to amend for a number of proposed disability-related complaints, including complaints described as harassment related to disability, direct disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments. Those complaints could not proceed. It also struck out three harassment related to disability complaints on the basis that they had no reasonable prospect of success of being within time or of a just and equitable extension of time.

The tribunal allowed other disability-related complaints to proceed, subject to time-limit issues being determined at the final hearing. These included complaints about alleged HR comments during the dismissal meeting, alleged conduct because of what the claimant said at sickness absence meetings, redeployment as a reasonable adjustment, class 2 HGV training, sick leave handling, and alleged pressures placed on the claimant.

In written reasons for paragraph 3.1.5, the tribunal took the claimant's case at its highest and allowed a direct disability discrimination complaint about being told in June 2023 that he was no longer required to continue in the Arctic role to proceed by amendment. The tribunal refused to strike out that complaint or make a deposit order, leaving the merits and all time-limit questions to be determined afresh at the final hearing.