Mr N Whitrid v Beaucare Medical Limited — 2022

This was an open preliminary hearing on 20 April 2022 before Employment Judge Bloom sitting alone. The claimant had presented his ET1 on 17 June 2021 after dismissal on 13 May 2021 for alleged gross misconduct. At the hearing he confirmed that he no longer pursued the unlawful deductions of wages / holiday pay claim, and that claim was dismissed upon withdrawal. The respondent’s strike-out application, based on an alleged threat of violence against a witness, was withdrawn after the respondent accepted there was insufficient evidence to prove the allegation on the balance of probabilities.

The judge then considered the claimant’s application to amend the claim to include disability discrimination, applying Selkent Bus Company Ltd v Moore. He accepted the claimant’s evidence that, about two hours after submitting the original ET1, he emailed the tribunal asking to correct the form to show disability, and that he later supplied particulars after a case management order. The judge found that this was not a mere relabelling exercise, that the amendment application had been made on 17 June 2021, and that the amended discrimination claims were presented within the statutory time limit.

The claimant had depression and had been taking medication, and the respondent conceded that he was disabled for the purposes of the amendment application. The amended particulars identified claims of victimisation, harassment and failure to make reasonable adjustments. The judge held that granting the amendment would not cause substantial prejudice to the respondent because the allegations overlapped with the unfair dismissal case, the respondent held the grievance material, and most relevant witnesses were still employed. The unfair dismissal claim remained live for a final hearing; no merits finding or monetary award was made at this stage.