Mr L Banham v BOC Limited — 2017

The claimant presented claims of unfair dismissal and disability discrimination arising out of the termination of his employment on 5 August 2016. This hearing on 27 April 2017 was a preliminary hearing and case management hearing only; it did not determine liability or remedy, but dealt with disclosure and amendment issues for the later proceedings.

The tribunal granted the respondent's application for disclosure of the claimant's medical records going back to 2008, finding that the records were relevant to the disability issue and to the respondent's Polkey case, but that disclosure going back to 1999 would be disproportionate. It also ordered general disclosure of further potentially relevant documents, including diary entries, communications with the claimant's union, mitigation material, benefits documents and documents relating to attempts to find work.

On amendment, the tribunal allowed the claimant to add a second protected act based on communications from his union at and/or after the appeal, but refused the further amendment seeking an alternative victimisation plea under s.27(1)(b) Equality Act 2010. The tribunal directed further case management and listed another preliminary hearing; no compensation was awarded in this judgment.