E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107238/2020(P) Held on May 2021 Employment Judge: J M Hendry Mr C Eyre v Represented by Mr A Roberts, Solicitor Helix Offshore Crewing Services Limited — 2020

The claimant’s ET1 sought an unfair dismissal claim. He later applied under Rule 30(1) to amend the case to add disability discrimination based on alleged dyslexia, together with harassment and bullying allegations. The respondents opposed the application on the basis that these were new claims, that the ET1 and early conciliation materials contained no suggestion of disability discrimination, and that the proposed claims were insufficiently particularised and appeared to be out of time.

Applying the overriding objective and the Selkent balancing exercise, the tribunal considered the three-month time limit in section 123 of the Equality Act 2010, the continuing-act analysis in Hendricks, the British Coal v Keeble factors, and the claimant’s knowledge as discussed in Mensah. It held that the proposed amendment was not a case of mere relabelling, that the disability and harassment allegations were unclear and lacked specification, and that allowing them would create delay, cost, and prejudice to the respondent. The tribunal therefore refused the amendment. It also recorded that the claimant would still have his unfair dismissal claim, and no substantive merits finding or monetary award was made in this judgment.