Ms S Mullen v Royal London Mutual Insurance Society — 2025

At the open preliminary hearing on 13 January 2025 before Employment Judge M Robison, the tribunal considered the claimant’s amendment application together with the respondent’s strike-out and time-bar objections. The tribunal granted the claimant’s applications to amend her written and oral particulars in the main, treating the revised particulars as further specification at an early stage and noting that such amendments by a party litigant would usually be approached sympathetically where prejudice to the respondent was likely to be limited.

The tribunal dismissed upon withdrawal the claims under section 47B and sections 44 and 100 of the Employment Rights Act 1996. The claimant confirmed that she was not insisting on the whistleblowing claim because she had misunderstood the law, and she also accepted that the health and safety claims were misconceived.

The tribunal allowed an amendment to include constructive unfair dismissal, based on the claimant’s resignation on 18 November 2024, alleged breach of the implied term of trust and confidence, and the grievance appeal outcome said to be the last straw. It also allowed the amended disability discrimination claims to proceed for final hearing, including direct disability discrimination, discrimination arising from disability, reasonable adjustments, indirect disability discrimination, and harassment related to disability, but made no merits findings on those live claims. The tribunal held over the time-bar issue, noting the claimant’s position that any discrimination formed part of a continuing act, and fixed the final hearing for 7, 8, 9, 10, 11 and 14 April 2025 before a full panel in Edinburgh.