EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102663/2020 Preliminary Hearing by Cloud Video Platform on January 2022 Employment Judge: M A Macleod Paul Douglas v Represented byMs E Matheson Solicitor North Lanarkshire Council — 2022

At a preliminary hearing by Cloud Video Platform on 24 January 2022, Employment Judge M Macleod considered the claimant's application dated 15 July 2021 to amend his claim. The respondent opposed the proposed disability discrimination amendment, and the hearing proceeded with both parties represented by solicitors.

The tribunal granted the amendment so far as it sought to introduce an automatically unfair dismissal claim under section 103A of the Employment Rights Act 1996 and a detriment claim under section 47B of that Act. The judge said there was a clear basis for those additional claims from the facts pled in the ET1, that they amounted to no more than re-labelling of the complaints already made, and that the respondent did not ultimately oppose those parts of the application.

The tribunal refused the amendment insofar as it sought to introduce claims of disability discrimination. The note records that the claimant wished to advance direct discrimination, indirect discrimination, harassment, discrimination arising in consequence of disability, and failure to make reasonable adjustments, but there was insufficient clarity and specification of the alleged unlawful acts for the tribunal or respondent to identify the case to be met. The refusal was expressly in hoc statu, with permission for the claimant to renew the application within 21 days if further specification was provided, and 14 days for the respondent to respond.