EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: S/4106356/2017 Heard in Glasgow on May 2018 Employment Judge: lain F Atack Mr Samuel Casement The Royal Bank of Scotland PIc v Represented by:- Mr E Wilson Student Advisor — 2018

This was a preliminary hearing on the claimant’s application to amend his ET1, presented on 17 November 2017. The original claim referred to unfair dismissal, disability discrimination, notice pay and other payments. The parties accepted that the claimant had been dismissed with effect from 12 July 2017. The respondent’s own application to amend its response was allowed by consent.

The tribunal allowed the proposed amendment at paragraph 25c, which sought to add an indirect discrimination claim under section 19 of the Equality Act 2010. It accepted the claimant’s submission that paragraph 7 of the paper apart to the ET1, referring to a change in the claimant’s shift pattern and its effect on his work/life balance, childcare arrangements and health, was capable of founding such a claim. The tribunal treated the reference to section 19 in paragraph 16 of the ET1 material as a mistake and held that the proposed amendment was a relabelling of an existing claim rather than a new factual case.

The tribunal refused the proposed amendment at paragraph 25d, which sought to add a failure to make reasonable adjustments claim under sections 20 and 21 of the Equality Act 2010. It held that the ET1, taken as a whole, did not foreshadow such a claim and that a reference to the respondents having failed in their duty of care was not enough to indicate a statutory reasonable adjustments complaint. The tribunal also held that the proposed claim was out of time, that the claimant’s new advisers were aware of the relevant matters by 19 February 2018, and that no satisfactory explanation was given for the delay before the amendment application was made on 11 May 2018. It concluded that it was not just and equitable to extend time.