Case 2303794/2023 · Employment Tribunal

In person For the v Mr P Bownes solicitor — 2024

Case reference: 2303794/2023
Decision date: 1 July 2024
Jurisdiction: England & Wales
Judge: Employment Judge Truscott KC
Venue: London South

Indexed: 17 May 2026

Parties

2 named

Claimant

In person For the

Respondent

Mr P Bownes solicitor

Key findings

Tribunal's reasoning

At a preliminary hearing, the tribunal considered the claimant's applications to amend her claim to add whistleblowing and reasonable adjustments complaints. A previous case management hearing had recorded that the ET1 raised constructive unfair dismissal, discrimination and unpaid wages, subject to any successful amendment application, and did not include whistleblowing or reasonable adjustments complaints.

The tribunal found that the proposed whistleblowing and reasonable adjustments complaints were new claims and were based on matters dating from 2022 and 2023 which pre-dated the ET1. It concluded that there was no reason the claimant could not have included the whistleblowing complaint or the reasonable adjustments matters in the ET1, and that the proposed claims involved different causes of action and legal principles.

The whistleblowing amendment was refused because the proposed claim was outside the primary time limit under section 48(3)(b) of the Employment Rights Act 1996, it had been reasonably practicable to present it in time, and it had not been presented within a further reasonable period. The reasonable adjustments amendment was refused and the claim struck out because the alleged failures were out of time, the later grievance outcome did not restart time, and it was not just and equitable to extend time.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Whistleblowing	The tribunal refused the claimant's application to add a whistleblowing claim by amendment because it was out of time, it had been reasonably practicable to present it within the primary time limit, and it was not presented within a further reasonable period. The judgment refused permission to amend rather than finally adjudicating an existing pleaded whistleblowing claim.	Other	—	—
Disability discrimination	The tribunal refused the application to add a reasonable adjustments claim in the disability discrimination claim and stated that the reasonable adjustments claim was struck out because it was not just and equitable to extend time.	Struck out	Disability	—

Legal tests applied

7 references

Official outcome judgment PDF

Gov.uk primary record

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Published on gov.uk under the Open Government Licence v3.0.

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