Claimant v London United Busways Ltd — 2020

The hearing determined whether the Claimant was disabled within the meaning of the Equality Act 2010 and considered an application to amend. The tribunal recorded that the existing case concerned unfair constructive dismissal, wrongful dismissal and failure to make reasonable adjustments, arising from the Claimant's requests to be taken off night shifts, but those claims were not finally determined.

On disability, the tribunal accepted that the Claimant had depression over a lengthy period, with repeated GP references, anti-depressive medication, a mental health referral and symptoms affecting sleep, energy, concentration, social interaction and ordinary tasks. Although many absences correlated with stressful life events, the tribunal found that the impairment was not confined to those events and had a substantial adverse effect on normal day-to-day activities at the relevant time.

On amendment, the tribunal allowed the Claimant to add a complaint of failing to provide employment particulars, which the Respondent accepted could be added. It refused permission to add two further PCPs and a new Equality Act 2010 s.15 claim, finding that these would substantially extend the case and that the Respondent would suffer prejudice at that late stage, while the Claimant could still pursue the existing PCP identified at the preliminary hearing.