Mr A Waddington v Cheshire & Wirral Partnership NHS Foundation Trust — 2025

The claimant remained employed by Cheshire and Wirral Partnership NHS Foundation Trust and was not physically working, pending a role consistent with occupational health adjustments, including lighting and workplace conditions. His original ET1 pleaded failure to make reasonable adjustments under sections 20-21 of the Equality Act 2010 and protected disclosure detriment, without full particulars.

At the hearing on 6 January 2025, the claimant sought to amend the case to add direct disability discrimination under section 13 of the Equality Act 2010, harassment and victimisation under sections 26 and 27, and further particulars including 24 alleged acts of detriment. The respondent did not object to the amendment, and Employment Judge Shotter allowed it in the interests of justice so that the respondent would know the case it had to meet.

The claimant's applications of 12 November 2024 for an unless order and of 27 December 2024 to strike out the response were dismissed. The judge held that the applications had no merit, that the respondent's conduct was not scandalous, unreasonable or vexatious, and that a fair trial remained possible. The judge relied on the usual strike-out authorities, including rule 37, Arrow Nominees v Blackledge, Blockbuster Entertainment Limited v James, Bolch v Chipman, and Anyanwu and Another v South Bank Student Union.