Case 4114755/2019 · Employment Tribunal
Mr G Timothy v Absent Dell Corporation Ltd — 2020
- Case reference
- 4114755/2019
- Decision date
- 22 September 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge Porter
Parties
2 namedClaimant
Mr G Timothy
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing on amendment only. The claimant, who brought disability discrimination proceedings, sought to add new claims of victimisation and failure to make reasonable adjustments. In written submissions he withdrew the proposed direct discrimination claim, and the tribunal therefore dealt only with the remaining proposed amendments.
Applying the approach in Cocking v Sandhurst and Selkent Bus Co Ltd v Moore, and having regard to the overriding objective, the tribunal held that the proposed amendment introduced new factual allegations but that the relevant time limits were satisfied. It found that the victimisation allegations arose from events in February and March 2020, and that the reasonable adjustments allegations arose from events in February 2020. The tribunal also considered that the amendment provided fair notice to the respondents, who could seek further and better particulars if needed.
The tribunal concluded that the balance of prejudice favoured the claimant and allowed the amendment, under deletion of the direct discrimination claim. It noted that the case would be listed for a further preliminary hearing on case management, and did not decide the merits of the amended discrimination claims or record any monetary award.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The claimant withdrew the direct discrimination amendment in written submissions, and the tribunal deleted the direct discrimination claim from the proceedings. | Withdrawn | Disability | — |
| Victimisation | The tribunal allowed the claimant to amend to add victimisation allegations based on the withdrawal of sick pay after proceedings had begun and the alleged failure to deal with the claimant's ethics complaint. The decision concerned amendment only and did not determine the merits. | Other | — | — |
| Disability discrimination | The tribunal allowed the claimant to amend to add a failure to make reasonable adjustments claim under sections 20 and 21 of the Equality Act 2010, said to arise from the withdrawal of sick pay on 6 February 2020. The decision concerned amendment only and did not determine the merits. | Other | Disability | — |
Legal tests applied
3 references- Cocking v Sandhurst (Stationers) Ltd and anor 1974 ICR 650 NIRC
- Selkent Bus Co Ltd v Moore 1996 ICR 836, EAT
- Rule 2 overriding objective of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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