Mr. K Nottra v Santander UK plc — 2021

This was a preliminary hearing concerning disability status, amendment, limitation, and applications for strike out or deposit orders. The Tribunal found that the claimant was disabled within the meaning of section 6 Equality Act 2010 by reason of anxiety disorder at all material times. It did not find stress to be a separate impairment, treating it as a manifestation of the anxiety disorder, and did not find depression established as a pleaded disability at the material time.

The Tribunal allowed the claimant to amend the claim in part. It permitted several disability-related allegations to proceed, including discrimination arising from disability, failure to make reasonable adjustments, and disability-related harassment. It refused amendment for certain historic sex-related allegations, including allegations 1, 15 and 17, because of their age, the timing of the application, and concerns about the cogency of evidence.

The Tribunal found that several allegations had been presented outside the Equality Act time limit, but decided it was just and equitable to extend time for the allegations allowed to proceed. It rejected the claimant's argument that all discrimination complaints formed a continuing course of conduct, but accepted evidence about his mental health, lack of effective union advice, lack of home support, and attempts to resolve matters internally.

The respondent's wider applications for strike out or deposit orders were refused, except for allegation 8. That reasonable adjustments allegation was struck out because the claimant had not identified the substantial disadvantage or the adjustment said to be required, which the Tribunal considered a key ingredient of the claim.