Mr Nader Kassem v Amazon UK Services Limited and 2 others — 2023

At a public preliminary hearing, the Tribunal considered whether the claimant was disabled under section 6 Equality Act 2010. The respondent accepted disability for mixed anxiety, depressive disorder and post-traumatic stress disorder from October 2021. The remaining dispute concerned panic attacks before January 2023. On the evidence, including GP records and occupational health material, the Tribunal found that panic attacks amounted to a disability from October 2022, but not before then.

The second and third respondents applied to strike out race discrimination claims against them. The Tribunal found that the existing claim did not disclose properly pleaded legal claims of race discrimination against either individual respondent. Taking the claimant's later statements at their highest, the Tribunal found the alleged claims still did not contain facts from which inferences could be drawn that the complained-of incidents were because of race, and that the claims were out of time with no reasonable prospect of time being extended. The race discrimination claims against the second and third respondents were struck out as having no reasonable prospect of success.

The claimant also sought to add a constructive unfair dismissal claim following his resignation on 4 September 2023. The Tribunal treated the application flexibly given that the claimant was a litigant in person, noted that the proposed claim was new but in time and had some factual overlap with the existing case, and granted permission to amend.