In Person For the v Respondent — 2021

At a preliminary hearing on 9 November 2021, Employment Judge Bedeau considered strike out and case management issues in Ms Melissa Cork's claims against Ocado Central Services Ltd. The claimant confirmed that references to bullying and breach of a duty of care were not separate claims, and the tribunal treated the Equality Act case as direct disability discrimination. On that basis, the judge allowed the disability discrimination claims to proceed and did not require the claimant to make an amendment application.

The tribunal struck out the unauthorised deduction from wages claim under section 23(2)(a) of the Employment Rights Act 1996. It found that the relevant limitation period expired on 27 August 2020, ACAS conciliation was not started until 30 September 2020, the certificate was issued on 29 October 2020, and the ET1 was presented on 23 November 2020. The judge rejected the argument that it had not been reasonably practicable to present the claim in time, noting that there was no medical evidence showing the claimant was unable to do so and that, with CAB or solicitor assistance, she could and should have brought the claim earlier.

On the respondent's application to vary or revoke the earlier order for further information, the tribunal was not persuaded that the claimant had misled the judge by saying she completed the ET1 in hospital while awaiting or recovering from surgery. It found no clear causal link between that account and the earlier order, and refused to vary or revoke it. The judge also rejected the respondent's submission that the further information should be treated as an amendment under the Selkent principles, and held that the respondent was not seriously prejudiced by the clarification provided.