Mr C Williams v South Lanarkshire Council — 2022

The Claimant had existing complaints of unfair dismissal and notice pay. At a case management hearing he indicated that he wished to pursue a discrimination claim, and then applied on 16 May 2022 to amend his claim. Although the amendment referred to sexual orientation, the Tribunal clarified at the hearing that the proposed claim was one of direct sex discrimination.

The Tribunal found that the amendment sought to add a new cause of action, but that it arose from the same factual matrix as the unfair dismissal claim. The proposed discrimination claim concerned whether the investigating officer refused to take account of information provided by the Claimant during the disciplinary process, which the Claimant said would have been treated differently if provided by a female employee.

Applying the relevant amendment principles, the Tribunal considered the delay, time limits, prejudice, and the balance of hardship. It found that the Claimant acted promptly after learning that the discrimination claim was missing from the ET1, that the delay was relatively short, that the same witnesses were likely to be involved, and that the final hearing did not need to be postponed or lengthened. The application to amend was granted, with directions for the Respondent to lodge revised grounds of resistance and for the final hearing to sit before a full panel.