Mr S Deafley v Represented by: S Martin – Legal Executive Christie Elite Nurseries Ltd — 2019

This was a preliminary hearing on 8 November 2019, with no witness evidence led. The tribunal considered whether three disability-related complaints in the claimant's 23 July 2019 Further and Better Particulars were out of time or needed amendment. It noted that the ET1 had ticked disability discrimination and unfair dismissal, but the narrative at paragraph 8.2 did not set out disability discrimination, while paragraph 9.2 referred to compensation for stress caused by 'systematic bullying and intimidation'.

The tribunal held that the section 15 complaint, framed as discrimination arising from disability, and the section 26 harassment complaint were permissible formal labelling exercises of the existing ET1 case. On that basis, the respondent's time-bar applications in relation to those two complaints did not succeed. The tribunal accepted the respondent's response to the Further and Better Particulars and allowed 28 days for any augmented response.

By contrast, the section 20 and 21 reasonable adjustments complaint was held not to be foreshadowed in the ET1. The tribunal said that amendment would be required and that the question whether time should be extended under section 123 Equality Act 2010 was reserved. It stated that the Selkent factors and the broader just-and-equitable issue could not be determined without evidence, and the case was put out for a further case management preliminary hearing. No finding was made on the merits of disability status or on whether the underlying alleged acts occurred.