Andrew Wells v Balfour Beatty Group Employment Limited AT A PRELIMINARY HEARING BY CVP — 2021

The claimant's first ET1 on 7 July 2020 ticked unfair dismissal, age discrimination and disability discrimination, but it did not give any particulars of a disability discrimination complaint. After the Tribunal asked for further information, no adequate response was provided, and Employment Judge Ahmed rejected the disability discrimination claim on 30 July 2020. The claimant later asked for the claim to be reinstated, saying that absences linked to ongoing health issues had been used against him in redundancy scoring, but that request was treated as an out-of-time reconsideration application and refused on 21 November 2020.

The claimant then filed a second claim, case no. 2604122/2020, again ticking disability discrimination and stating only that the respondent had used his absences against him. At the preliminary hearing on 19 August 2021, Employment Judge Hutchinson held that the claimant had already been given ample opportunity to set out the basis of the disability complaint, but still had not provided sufficient detail. The judge also recorded that allowing the claim to continue would require an adjournment of the November 2021 hearing. The disability discrimination claim was therefore struck out, and the other claims were left to proceed to a later hearing.