5 EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: S/4104499/2018 Held in Glasgow on October 2018 Employment Judge: J D Young v Represented by:- Mr B McLaughlin - Solicitor Mr J Farrell — 2018

The claimant originally lodged claims for unfair dismissal, wrongful dismissal, sex discrimination and disability discrimination. By the time of this hearing, the disability discrimination complaint had been withdrawn and a separate judgment had already dismissed that complaint on 1 August 2018. The present decision therefore concerned the claimant's application to amend the ET1 so that the sex discrimination case was set out in full.

The tribunal held that the proposed amendment was more than mere relabelling and amounted to a new cause of action, but it also found that the core facts overlapped substantially with the unfair dismissal claim. The tribunal noted that the respondent's papers already addressed the rota, childcare arrangements, the discussions in August to December 2017, and the claimant's return to work, so the discrimination case would not require a wholly different factual enquiry.

On limitation, the tribunal found that the amended sex discrimination claim was raised on 26 June 2018 and would be out of time on that basis, but it did not refuse the amendment for that reason. It considered that there were grounds on which time might be extended on a just and equitable basis, although that issue remained live and would need to be resolved later. The tribunal therefore allowed the amendment, ordered the respondent to lodge a response within 28 days, and fixed a further telephone preliminary hearing for future procedure. No final merits decision was made on the unfair dismissal or sex discrimination claims in this judgment.