“ X ” v “ Y “ Preliminary Hearing by telephone on 1 June 2020 — 2020

This was a preliminary hearing by telephone before Employment Judge Pritchard on 1 June 2020. The claimant said she was bringing disability discrimination and deductions from wages claims. The respondent denied that the claimant was disabled, denied knowledge of any disability, and resisted the claims generally. The hearing was directed to the claimant's late application to amend the disability discrimination claim.

The tribunal applied the amendment guidance in Selkent Bus Co v Moore and considered the nature of the amendment, statutory time limits, the timing of the application, and the balance of prejudice. It accepted the respondent's submission that no pleaded facts supported a reasonable adjustments claim under section 20 of the Equality Act 2010. It also noted that, for the allegations about denial of the opportunity to complete the capability/probationary plan and dismissal, the amendment was adding a legal label to facts already pleaded rather than introducing a materially different factual case.

The tribunal allowed the amendment in part, so that the relevant paragraphs of the application stood as an amendment to the claim under section 15 of the Equality Act 2010. It refused the proposed reasonable adjustments amendment because it was a new claim, was significantly out of time, and would widen the scope of the enquiry. The tribunal also noted that allowing that claim would deprive the respondent of a limitation defence. No merits decision on the underlying claims and no monetary award are recorded in this judgment.