Mr X v - Solicitor Capita Customer Management Ltd — 2019

On 24 October 2019 the claimant applied to amend his claim form to add a new dismissal-based cause of action, framed as a contention that the discriminatory treatment he said he suffered was a breach of contract and that the respondent had acted without reasonable and proper cause in a way calculated or likely to destroy or seriously damage trust and confidence. The tribunal recorded earlier attempts to raise constructive dismissal and holiday pay, and noted that directions had already required any separate constructive dismissal claim to be presented within time.

In the existing proceedings the live claims were direct disability discrimination under sections 13 and 15 of the Equality Act 2010 and harassment under section 26. Applying the Selkent guidance under rule 29 and the overriding objective, the tribunal held that the proposed amendment was a substantial new cause of action, was out of time, and had not been explained satisfactorily despite the claimant having been directed on several occasions to lodge a separate claim and having had legal advice.

The tribunal also found that allowing the amendment could prejudice the respondent and might affect the timing and length of the final hearing listed for January 2020. Balancing the hardship to both parties, it concluded that the amendment should not be allowed and refused the application. The judgment did not decide the merits of the underlying discrimination or harassment claims.