Ms L Wyles v Cygnet Health Care Limited — 2023

The judgment concerned the claimant's application to amend claims for protected disclosure detriment, automatic unfair dismissal by reason of protected disclosure, and indirect disability discrimination. The Tribunal considered the presidential guidance on case management, the nature of the proposed amendments, hardship and prejudice, timing, and the claimant's reasons for seeking amendment.

The Tribunal refused permission to amend the protected disclosure detriment and automatic unfair dismissal claims. It found that the proposed amended claim introduced a large amount of additional information, including further alleged disclosures, detriments, issues, and individuals, and that allowing those amendments would overcomplicate the claim and create significant challenges for the respondent and the Tribunal.

The Tribunal granted permission to amend the indirect disability discrimination claim by adding paragraphs 206 to 217 of the proposed amendment. It found that this was clarification of an existing indirect disability discrimination claim, rather than a new claim, and refused some further proposed paragraphs while allowing paragraphs relating to the ACAS uplift.