Ms C Wright v The Royal British Legion Poppy Factory Ltd — 2020

Ms C Wright asked for permission to amend her claim so that the respondent's refusal to allow her access to its 'Getting You Back To Work' service would be pleaded as harassment contrary to s.26 Equality Act 2010. The tribunal recorded that the service was offered to all veterans and that, because of Schedule 9 Equality Act 2010, complaints about the provision of that service could only proceed in the Employment Tribunal if framed as victimisation or harassment; the claimant had not advanced victimisation.

Employment Judge Buzzard found that the claimant had not alleged harassment within the normal time limit. Her ET1 and earlier case management discussion described the refusal as a disadvantage or as discrimination arising from disability, not as harassment, and she did not characterise it as a 'surreptitious' change until 11 September 2020. The tribunal accepted that she had a disability and said it could lead her to avoid difficult issues, but noted that she had been able to set out other harassment allegations in clear terms in her claim form.

The tribunal held that the September 2020 wording was a new and materially different allegation introduced almost two years after the event, after legal advice and after the respondent had applied to strike out complaints said to be outside jurisdiction. Because the amendment would introduce a different claim and would prejudice the respondent's ability to obtain reliable evidence, permission to amend was refused. No remedy was awarded because the harassment allegation was not allowed to proceed.