Claimant v National Waiting Times Centre Board — 2017

On the claimant's ET1 of 8 October 2013, he alleged disability discrimination arising from a disagreement with Sharon McCabe on 9 July 2013, being placed on special leave, and later correspondence he said contained false allegations. He said his mental health deteriorated and he was admitted to Dykebar Hospital from 27 July to 13 September 2013. The earlier appeal history had limited the live issues to whether the special leave and subsequent correspondence amounted to discrimination arising from disability or harassment related to disability.

This hearing concerned the claimant's 12 February 2016 application to amend the claim form. The tribunal applied rule 29 and the overriding objective, with reference to Selkent and the amendment factors, and considered the timing of the application, the extent to which the proposed changes were new, and the relative hardship to each side. It accepted that paragraph 11 about the handling of the grievance was a new basis of claim, while paragraph 12, concerning acceptance of Ms McCabe's version of events, had been foreshadowed in the ET1. It also treated the occupational health referral allegations in paragraphs 13 to 15 as new discriminatory acts, but noted they related to the subsequent correspondence about special leave.

Balancing the prejudice, the tribunal allowed the amendment but deleted the words "And I am owed arrears and other payments", paragraphs 7 and 9 to the extent that they referred to concerns raised before 9 July 2013, and paragraph 20(c) seeking aggravated damages and paragraph 20(d) seeking compensation for personal injury. It held that the claimant would otherwise be pursuing a case different from the one he thought he had pleaded, and directed the respondent to answer the allowed amendment by 2 May 2017 before the case was listed for a further case management preliminary hearing.