Miss L Horne v Asda Stores Limited — 2019

At a preliminary hearing, the tribunal changed the respondent's name to ASDA Stores Limited after the claimant accepted that this was her employer. The tribunal also refused the claimant's application to join Emma Simes as a respondent, noting that the only identified allegation against her related to 29 May 2018, was significantly out of time, and that the claimant still had a live claim and potential remedy against her employer.

The tribunal considered the claimant's application to amend the claim. Applying the Presidential Guidance and Selkent factors, it allowed the amendments other than the allegation concerning an incident on 13 January 2016, which it found was significantly out of time. The tribunal considered the remaining amendments to add factual allegations to existing complaints of discrimination rather than substantially changing the claim.

The case management summary recorded that the claimant was employed by the respondent as a warehouse operative and claimed disability discrimination. The respondent admitted disability by reason of hip dysplasia, femoroacetabular impingement, osteoarthritis in both hips, and hip labral tears in both hips, but denied the claims. The substantive issues for a later final hearing included time limits, direct disability discrimination, discrimination arising from disability, reasonable adjustments, and harassment related to disability.