ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4122941/2018 Held in Aberdeen on March and May 2019 Employment Judge N M Hosie Mr P Wealleans v Represented by Mr W McParland, Solicitor Noble Resources Limited — 2019

The claim form alleged unfair dismissal, discrimination arising from disability under section 15 of the Equality Act 2010, and a failure to make reasonable adjustments under section 20. The respondent admitted the dismissal and accepted that the claimant was disabled, but said the dismissal was for capability/ill health and denied the discrimination allegations. After a case management order of 30 January 2019 requiring further particulars, the respondent applied to strike out the claim and, in the alternative, for further case management or a deposit order.

At the preliminary hearing, the tribunal accepted that the claimant had complied with the order on the unfair dismissal complaint and, on the reasonable adjustments complaint, that the pleaded PCP could be construed broadly. The claimant's further particulars said he could return to onshore work, including from Alnwick or Aberdeen, and on either a full-time or part-time basis; the tribunal was not persuaded that the claimant's delay in clarifying these matters was wilful or that the respondent had been prejudiced.

Applying the high threshold for strike-out under Rule 37(1)(a) and the authorities discussed, including Ezsias and Anyanwu, the tribunal held that the central facts were disputed and needed to be tested in evidence. It therefore refused the respondent's strike-out application under both Rule 37(1)(a) and Rule 37(1)(c), held that the unfair dismissal and disability discrimination claims should proceed to a final hearing, and directed the claimant to comment in writing within 14 days on the respondent's fallback submissions.