Ms A Canaj v Represented by:15 Mr Kadirgolam, Solicitor Atalian Servest Limited — 2021

This was a procedural judgment in a case with a lengthy pre-hearing history. The claimant had brought disability discrimination, personal injury and unpaid wages claims, but the personal injury and unpaid wages claims had earlier been dismissed following withdrawal. After earlier preliminary hearings, Employment Judge Gall issued an unless order on 21 April 2021 requiring the claimant to give proper particulars of the direct discrimination, reasonable adjustments and harassment claims, and to explain the basis of any section 15 Equality Act 2010 amendment and the respondent's knowledge of disability.

The tribunal held that the claimant's response lodged on 7 May 2021 did not amount to substantial compliance with that order. It accepted the respondent's criticisms that the direct discrimination claim did not explain why the alleged less favourable treatment was because of disability, the reasonable adjustments claim identified a PCP but did not set out the substantial disadvantage or the adjustment said to be required, and the harassment claim did not link the alleged conduct to disability. The tribunal said the pleadings remained woefully defective and that, on the issue before it, there had been no substantial compliance.

The judgment therefore recorded that the claims of direct discrimination, failure to make reasonable adjustments and harassment were dismissed by operation of rule 30 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, with written notice to issue confirming that dismissal. Separately, the tribunal gave the claimant a further opportunity to seek to amend the claim to add a section 15 Equality Act 2010 claim, requiring any amendment application within 14 days and, if opposed, a further preliminary hearing on 12 October 2021. No decision was made in this judgment on whether that amendment should be allowed.