Mr S Lamond v The Scottish Ministers — 2019

This was an open preliminary hearing about the scope of the claim and proposed amendments. The Tribunal held that the original claim already included ordinary unfair dismissal, disability discrimination claims concerning dismissal, and a failure to make reasonable adjustments claim about part-time working. Those claims were allowed to proceed to a final hearing.

The Tribunal confirmed that the claimant's holiday pay complaint was a claim for unauthorised deductions from wages under section 13 ERA. Because the earlier amendment had been granted subject only to any time bar issue, and the respondent did not maintain a time bar objection, that claim was also allowed to proceed.

The Tribunal refused permission to add the further disability discrimination and harassment allegations in the Scott Schedule. It found these were new claims, most arose in 2017 or by March 2018, and no satisfactory explanation had been given for not bringing them sooner. The Tribunal considered that delay would affect the cogency of evidence and that some allegations were not specified in sufficient detail to give fair notice. The amendment to add an automatically unfair dismissal claim under section 100(1)(a) or (c) ERA was granted because it was intimated within the normal time limit and overlapped with the existing unfair dismissal claim.