Ms Beech (Counsel) For the First v Respondent — 2021

The case came before Employment Judge Deol at London Central on 28 May 2021 for a preliminary hearing. The respondent withdrew its application for the tribunal to reconsider acceptance of the claim, withdrew its strike-out application, and conceded the claimant's application to amend the claim so that HCA International Limited replaced HCA Healthcare UK as the named respondent. The claimant's own application to amend the ET1 to add the words referring to spinal damage, pancreatitis, Type 2 diabetes and the poor condition of his heart was allowed.

The only live issue was whether the claimant was disabled within the meaning of section 6 and Schedule 1 to the Equality Act 2010 at the relevant time. The judge recorded that the information available, including discharge letters and detailed occupational health reports, was sufficient to decide that issue, and that any gap in the medical material was a matter for the claimant's burden and risk. However, by the time the respondent's late application for a postponement had been dealt with, and because of technical difficulties at the start of the hearing, there was insufficient time to hear the evidence and consider disability fully.

The claimant wanted the preliminary issue determined because he was concerned about the prejudice of attending a further hearing and the risk that the August 2021 merits hearing would be delayed. The tribunal considered that requiring him to rush his evidence would cause greater prejudice, particularly because the translation was not simultaneous and the hearing was affected by technical difficulties. The disability issue was therefore moved to the full merits hearing listed for 16, 17 and 18 August 2021, case management directions were issued separately, and costs were not addressed other than to note that either party could apply in writing within 21 days.