Miss Jodi Hayward v David Lloyd Leisure Limited — 2019

The hearing concerned the claimant's application to amend her existing claim to add disability discrimination and victimisation. The tribunal noted that the existing identified issues were sex discrimination and breach of contract in relation to the grievance procedure, but those existing claims were not determined in this judgment.

On the proposed disability discrimination amendment, the claimant referred to anxiety/depression and dyslexia. The tribunal found the medical evidence then available was relatively light and that, after exploring the proposed claim with the claimant, the basis of the allegation remained extremely vague, lacking in particularity and somewhat tenuous.

On the proposed victimisation amendment, the tribunal explored what protected act was relied on and found that the claimant described complaints about management treatment which did not appear to be attributed to any protected characteristic under the Equality Act 2010. The tribunal also found the proposed amendments would introduce new substantive causes of action, were sought well after the primary limitation period, and would cause genuine prejudice to the respondent because of delay. The amendment application was refused.